Prohibition
s 4
4. A public entertainment must not be provided except —(a) in an approved place; and (b) in accordance with a licence issued by the appropriate Licensing Officer.[3 [32/2014]
Public Entertainments Act 1958 PART 2 — PUBLIC ENTERTAINMENT LICENCES
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Application for licence
s 5
5.—(1) Any person who desires to apply for or renew a licence must apply to the appropriate Licensing Officer in such form and manner, and within such time, as the appropriate Licensing Officer may require.[32/2014] (2) An application under subsection (1) must be accompanied by such documents as the appropriate Licensing Officer may require.[32/2014] (3) For the purposes of subsection (1), the appropriate Licensing Officer —(a) may require an applicant to satisfy such criteria and requirements as the appropriate Licensing Officer may publish on a prescribed website (including criteria and requirements relating to any responsible officer of the applicant and any person having substantial interest in, or control or direction over, the business of the applicant); and (b) may publish different criteria and requirements for different classes of public entertainments or public entertainment licences.[32/2014; 28/2017]
Applicants may be joined
s 6
6. If the appropriate Licensing Officer is satisfied that the responsibility for the observance of the conditions of a licence is intended to be shared between 2 or more persons, the appropriate Licensing Officer may require the application under section 5 in respect of the licence to be made jointly in the names of as many of those persons as the appropriate Licensing Officer thinks fit.[32/2014]
Additional information
s 7
7. On receipt of an application under section 5, the appropriate Licensing Officer may require the applicant to provide him or her with any additional information or document that the appropriate Licensing Officer may require.[32/2014]
Public entertainment licence
s 8
8. Every public entertainment licence issued or renewed by the appropriate Licensing Officer —(a) is subject to the conditions; and (b) is valid for the period or expires on the date, that may be specified in the licence. [32/2014]
Licence not renewable as of right
s 9
9. A licence is not renewable as of right.
Conditions
s 10
10.—(1) When issuing or renewing a licence, the appropriate Licensing Officer may impose such conditions as he or she thinks fit.[32/2014] (2) The appropriate Licensing Officer may, at any time, impose any additional condition on, or vary or revoke any condition of, the licence.[32/2014] (3) In deciding whether to add, vary or revoke any condition of a licence under subsection (2), the appropriate Licensing Officer may take into consideration the total number of demerit points awarded against the licensee under section 15 in respect of the licence.[32/2014] (4) The appropriate Licensing Officer must, before adding, varying or revoking any condition of a licence under subsection (2), give the licensee —(a) written notice of the intention to do so; and (b) an opportunity to be heard, within the time specified in the notice, as to why the condition should not be added, varied or revoked.[32/2014]
Security
s 11
11.—(1) In respect of any classes of public entertainment that the appropriate Minister may prescribe by notification in the Gazette and subject to any limits that may be prescribed in the notification, the appropriate Licensing Officer may, before issuing or renewing a licence, require —(a) the applicant; or (b) if there are 2 or more applicants, each applicant named by the appropriate Licensing Officer for the purpose, to give security, in the form and manner that the appropriate Licensing Officer may determine, that the provisions of this Act and the conditions of the licence will be duly observed. [32/2014] (2) Where a licensee has been awarded such number of demerit points as may be prescribed under section 15(1), the appropriate Licensing Officer may require the licensee to give security, in the form and manner that the appropriate Licensing Officer may determine, that the provisions of this Act and the conditions of the licence will be duly observed.[32/2014] (3) Where an applicant is required under subsection (1), or a licensee is required under subsection (2), to enter into a bond, the appropriate Licensing Officer may require not more than 2 sureties to enter into the bond with the applicant or the licensee, as the case may be.[32/2014] (4) Any security given under subsection (1) or (2) is liable to forfeiture in whole or in part at the discretion of the appropriate Licensing Officer where —(a) the licence is suspended or cancelled; (b) the licensee has been awarded such number of demerit points as may be prescribed under section 15(1); or (c) the appropriate Licensing Officer is satisfied that the public entertainment has been provided in contravention of this Act.[32/2014] (5) The appropriate Licensing Officer must, before proceeding under subsection (4), give the licensee or the person whose licence is cancelled, as the case may be —(a) written notice of the intention to do so; and (b) an opportunity to be heard, within the time specified in the notice, as to why the security should not be forfeited.[32/2014]
Licence to be displayed, etc.
s 12
12. At all times while the public entertainment described in a licence is being provided, the licence must —(a) where the public entertainment is provided in a building or tent, be prominently displayed at the building or tent; and (b) in all other cases, be kept in the licensee’s possession.
Refusal of licence
s 13
13.—(1) The appropriate Licensing Officer may refuse to issue or renew any licence.[32/2014] (2) The appropriate Licensing Officer must, before refusing to renew a licence, give the licensee —(a) written notice of the intention to do so; and (b) an opportunity to submit reasons, within the period specified in the notice, as to why the application to renew the licence should not be refused.[32/2014] (3) The appropriate Licensing Officer must, if so required by the applicant or the licensee (as the case may be), provide the applicant or the licensee within 7 days of being so required with the grounds of such refusal in writing.[32/2014]
Suspension or cancellation of licence
s 14
14.—(1) The appropriate Licensing Officer may suspend or cancel a licence (as the case may be) if the appropriate Licensing Officer is satisfied that the public entertainment for which the licence was issued —(a) has been the cause or is likely to be the cause of a breach of the peace; (b) has been or is likely to be wholly or in part of an indecent, immoral, offensive, subversive or improper nature; (c) has caused or is likely to cause unnecessary suffering or any injury to any person or animal taking part in it, or to any member of the audience; (d) has been or is likely to be provided in contravention of any provision of this Act; (e) has been or is likely to be provided in contravention of any condition of the licence; or (f) is contrary to public interest.[32/2014] (2) The appropriate Licensing Officer may suspend or cancel a licence (as the case may be) if the appropriate Licensing Officer is satisfied that the licensee is not a fit and proper person to hold the licence, having regard to the criteria and requirements mentioned in section 5(3)(a).[32/2014; 28/2017] (3) Despite subsection (5), the appropriate Licensing Officer may immediately suspend a licence if proceedings have commenced against the licensee, a responsible officer of the licensee or a person having substantial interest in, or control or direction over, the business of the licensee, for any offence —(a) specified in the Second Schedule; and (b) arising out of or in connection with any activity at an approved place specified in the licence, until the conclusion of those proceedings. [28/2017] (4) Where any rules made under section 15(1) apply to a licence, the appropriate Licensing Officer must not suspend or cancel the licence under subsection (1)(e) unless the licensee has accumulated such number of demerit points as prescribed in those rules.[32/2014] (5) Before suspending or cancelling a licence, the appropriate Licensing Officer must, unless it is not practicable or desirable to do so in the circumstances of the case, give the licensee —(a) written notice of the intention to do so; and (b) an opportunity to submit reasons, within the period specified in the notice, as to why the licence should not be suspended or cancelled.[32/2014] (6) If required by a licensee to provide the grounds of the suspension or cancellation of a licence, the appropriate Licensing Officer must provide written grounds of the suspension or cancellation to the licensee within 7 days of being so required.[32/2014]
Demerit points
s 15
15.—(1) The appropriate Minister may, for the purposes of sections 10, 11 and 14(4), make rules to establish a system of awarding demerit points against a licensee for the commission of an offence under section 28(1)(c).[32/2014] (2) For the purposes of this section, demerit points may be awarded against a licensee even though the licensee —(a) has consented to have an offence under section 28(1)(c) taken into consideration by a court in determining and passing sentence for any other offence; or (b) has accepted an offer by the appropriate Licensing Officer to compound the offence concerned.[32/2014; 28/2017] (3) Where a licence is cancelled under section 14, every demerit point awarded against the licensee in respect of the licence is cancelled.
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