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Public Entertainment Licence Resolution
A Public Entertainment Licence Resolution under the Civic Government (Scotland) Act 1982 is a formal decision made by a local authority to identify and regulate specific activities or premises where the public are admitted for entertainment or recreation. Under Section 41 of the Act, a Public Entertainment Licence is required if a local authority has specifically passed a Resolution determining that certain types of entertainment within their area need to be licensed.
The Public Entertainment Resolution can cover premises, buildings and land used for events and entertainment, whether accessed by the public on payment or not.
Because it is a discretionary power (Section 9 of the Act), councils may set their own Public Entertainment Licence Resolution to reflect local concerns and priorities.
What is the Purpose of a Public Entertainment Licence Resolution?
The primary purposes of the Public Entertainment Licence Resolution requirement are to ensure public safety and prevent nuisance.
- Public Safety: The local authority may inspect events and entertainment activities and premises, and impose conditions to protect the public, such as limiting attendee numbers, setting noise levels, enforcing health and safety protocols (like those for inflatables, fairground equipment, fireworks, sky lanterns), and setting opening hours.
- Preventing Nuisance: It ensures that Entertainment venues meet expectations regarding noise and nuisance, and do not unduly disturb the surrounding area.
The Midlothian Public Entertainment Licence Resolution
Following a public consultation and due process, Midlothian Council General Purposes Committee approved a new Public Entertainment Licence Resolution on 17 June 2025. The changes are effective from 31 March 2026, under section 7(1) of the Civic Government (Scotland) Act 1982.
From that date a Public Entertainment Licence is required for the following in Midlothian:
- Dancing establishments
- Premises with mechanical rides or simulators intended for entertainment or amusement excluding those rides exclusively for use by children under the age of 5 whilst supervised by an adult
- Concert Halls
- Indoor or open air festivals or concerts, shows or performances or other events, irrespective of capacity numbers, involving the erection of temporary stages, scenery or other temporary raised structure(s)
- Open air concerts or other events where a capacity of 200 persons or more may be present
- Any activity involving shooting, including but not limited to archery, clay pigeon shooting or paintball
- Indoor or external adventure playground style childrens’ play areas including soft play areas
- Health Clubs and/ or gymnasia
- Indoor bowling alleys including ten pin mechanical bowling alleys
- Premises used for laser displays or laser games or war gaming
- Theatres, including any theatrical performance, play, dramatisation, concert, or comedy act
- Any Act or exhibition to which the Hypnotism Act 1952 applies
- Billiards, Snooker or Pool Halls
- Exhibitions of objects such as paintings, sculptures, drawings or historical artefacts
- Exhibition of persons, including but not limited to boxing, wrestling, cage fighting or martial arts
- Saunas, massage parlours, tanning or sunbed salons or nail bars
- Motorcycle or quadbike scrambling
- Circuses, carnivals or funfairs; including merry-go-rounds, roundabouts, swings, switchback railways, skittle alleys, coconut shies, hooplas, mechanical riding, driving or boating apparatus; or anything similar to any of the foregoing
- Track racing or go-carting or off-road driving experiences where the operator provides access to vehicles, including segways, for entertainment purposes
- Airshows, including model airshows or hot air ballooning
- Amusement arcades
- Water sports activities including raft races, wake boarding, water skiing, sail boarding, canoeing and jet skiing activities (where the activity is not defined by a Boat Hire Licence)
- Petting zoo, petting farm, llama walking or similar
- Amusement arcades with automatic or other machines, including but not limited to video gaming machines, intended for entertainment or amusement which are not licensed in terms of the Gambling Act 2005
- Escape rooms (including puzzle and breakout rooms)
- Bouncy castles, any activity involving inflatable structures or similar structures, trampoline venues
- Outdoor adventure or activity parks or anything similar to the foregoing
- Sports or activities involving the transportation or propulsion of persons whether by mechanical or other means including gravity including Bungee jumping or catapulting
- Fireworks or bonfire displays
- Torchlight processions
- Agricultural, equestrian, livestock shows, dog shows or events including showing of animals
- Major sporting events or fanzones associated with such events
- Highland games
- “Boot camp” type organised exercise and fitness activities
- Adult entertainment defined as any form of entertainment which involves a person performing an act or erotic or sexually explicit nature and is provided wholly or partly for the sexual gratification or titillation of the audience
Exemptions
Section 41(2) of the Civic Government (Scotland) Act 1982 provides that the following are exempt from requiring a Public Entertainment Licence:
- Athletic or sports grounds while being used for sports.
- Educational establishments (schools, colleges) while being used as such.
- Religious premises used for those purposes.
- Premises already licensed under the Licensing (Scotland) Act 2005 (e.g. pubs/clubs) during permitted hours.
- Cinemas licensed under the Cinemas Act 1985.
Additionally, the latest Midlothian Public Entertainment Licence Resolution establishes that the following public events/activities DO NOT require a licence
- Small scale exhibitions of artwork
- Small scale performance of live music which is incidental to the main purpose of the premises where the performance takes place or sports grounds while being used for sports.
- Small scale oral recitals including poetry reading and storytelling.
- Small scale community non-profit festivals, fetes, treasure hunts, duck derbys, galas, organised exercise and fitness activities
Definitions
- “small scale” is understood to mean a capacity of less than 200 persons at any one time.
- “non-profit” is understood to mean a non-commercial event held solely for the purpose of raising funds for the organisation holding the function and NOT for the purposes of making a profit or deriving any other form of financial benefit by any person or organisation, and where ALL surplus funds raised by the event are utilised to further the aims and activities of the organisation holding the event.
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