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North Ayrshire Council, being the Licensing Authority under the Civic Government (Scotland) Act 1982, resolves that from 1 October 2026, a Public Entertainment Licence (‘PEL’) under Section 41 of the 1982 Act (‘the 1982 Act’) shall be required for the use of premises for public entertainment in the circumstances set out in this resolution.
This resolution applies to all relevant premises and activities taking place within the North Ayrshire Council area, subject to the exemptions and definitions provided below.
Activities requiring a PEL
The purpose of this resolution is to set out the circumstances in which a PEL is required under Section 41 of the 1982 Act and this resolution identifies the types of places and activities which require a PEL, as well as any exemptions which apply. The following activities expressly require a PEL, unless an exemption is expressly stated or applies under section 3.
| Type of entertainment | Specific activities or events |
|---|---|
| Music performances | Concerts and music festivals featuring bands, solo artists and DJs playing both live and recorded music |
| Theatrical performances | Plays, dramatic readings, pantomimes and amateur dramatics |
| Dance performances | Public shows by dance groups and cultural displays |
| Stage shows | Comedy acts, cabaret and talent shows |
| Attractions | Circuses, fairgrounds and large fetes (involving tented accommodation for the public, such as marquees) |
| Inflatable structures | Bouncy castles or other inflatable play structures provided as part of a public event and not forming part of a permanent indoor play centre operating in the ordinary course of its business |
| Adventure activities | Abseiling, bungee jumping, indoor and outdoor climbing walls, paintball games, trampolining and zip slides provided as part of a public event or from temporary equipment/structures and not forming part of a permanent leisure/adventure facility operating in the ordinary course of its business except where exempt under section 3 of this resolution |
| Cue sports | Snooker, billiards and pool halls except where exempt under section 3 of this resolution |
| Aquatic | Swimming pools where public admission is permitted and the anticipated or the actual attendance exceeds 200 persons at any one time |
| Skating | Ice rinks, roller skating and skateboarding where public admission is permitted and the anticipated or the actual attendance exceeds 200 persons at any one time |
| Displays | Displays (including but not limited to fireworks, pyrotechnic, laser, light or drone displays), whether standalone or part of a wider event, unless held within the curtilage of a dwellinghouse by, or with the permission of, the occupier, or carried on under a statutory authorisation granted by a competent authority that expressly authorises the display and imposes audience safety and capacity conditions |
| Motor displays | Motor vehicle stunt shows and car cruises or similar gatherings involving the display or exhibition of vehicles to the public |
| Motor sports | Motor scrambling, motor racing (including go-karts) and quad bike events |
| Combat sports | Boxing, wrestling, mixed martial arts or any other combat sport held before a live audience |
Where clarification is required in relation to the nature or scope of certain activities listed above, reference should be made to the Definitions section, where applicable.
Exemptions
A Public Entertainment Licence is not required for certain types of activities or events which are considered to present a lower risk to public safety, public nuisance or amenity. Specifically, a Public Entertainment Licence is not required where all of the following conditions are met:
A Public Entertainment Licence is not required for any activity or event taking place on licensed premises (within the meaning of section 147 of the Licensing (Scotland) Act 2005 or any subsequent legislation) where the entertainment is covered by, and compatible with, the operating plan for those premises and any conditions to which the premises are subject to. This exemption also applies while an occasional licence under the 2005 Act or any subsequent legislation has effect for the premises, where the entertainment is covered by, and compatible with, that licence.
A Public Entertainment Licence is not required for adventure activities within the scope of the Adventure Activities Licensing Regulations 2004 or any subsequent legislation where provided by an operator holding a current licence issued by the Adventure Activities Licensing Authority (AALA) to the extent that the AALA licence covers the activity.
Definitions
For the purposes of this resolution, the following terms shall have the meanings set out below:
The “1982 Act” means the Civic Government (Scotland) Act 1982, as amended.
The “Licensing Authority” means North Ayrshire Council acting in its capacity as the licensing authority under the 1982 Act.
“Competent Authority” means North Ayrshire Council, the Scottish Ministers, Police Scotland, the Health and Safety Executive or any other body empowered by statute to grant an authorisation for the event.
“Public Entertainment” means any form of entertainment or recreational activity to which members of the public are admitted, whether free or for payment or donation.
“Premises” includes land, buildings, structures (temporary or permanent), and any part thereof, whether indoor or outdoor, where public entertainment is provided.
“Organiser” means any person, group, business or body responsible for arranging, managing or hosting an event or activity.
“Statutory Authorisation” means any licence, approval, consent, determination or written authorisation granted under an enactment that expressly permits the event and sets audience safety and capacity conditions.
“Attendance” means the number of persons present at any one time (excluding the persons working or performing at the event).
“Audience Accommodation” means the provision of space or seating for members of the public to view, watch or participate in a performance, exhibition, event or other entertainment activity. This may include areas where seating or standing room is arranged specifically to allow an audience to attend and engage with the entertainment.
“Car Cruises” means an informal or organised event where a group of motor vehicles, typically cars, gather at a predetermined location or travel along a route, often for social purposes, display or car-related activities.
“Concert” means a live performance of music, whether instrumental or vocal, held before an audience. This includes performances by solo artists, bands, orchestras or other musical ensembles, and may be held indoors or outdoors.
“Curtilage of a dwellinghouse” means the land immediately surrounding and forming part of a dwellinghouse and used for its enjoyment.
“Display” means planned fireworks, pyrotechnic, laser, light or drone display (or similar show) intended primarily to be viewed by an audience, whether or not admission is charged.
“Exempt Activity” means an activity that, by virtue of this resolution, does not require a Public Entertainment Licence, provided any specific conditions are met. The onus is on the organiser to demonstrate that an exemption applies.
“Large Fete” means a fete, gala day, fun day or similar outdoor event to which members of the public are admitted which involves the provision of tented accommodation for the public. For the purposes of this definition, “tented accommodation for the public” means one or more temporary enclosed or semi-enclosed structures (including a marquee, tent or similar structure) provided for public use. This does not include a gazebo or canopy which is no more than 3 metres by 6 metres which is open-sided, not joined, linked or positioned so as to form a larger structure or continuous covered area and is only used as a cover for a stall, information point or event operations.
“Motor Scrambling” means an off-road motorsport event where participants ride motorbikes or similar vehicles over rugged or natural terrain, often including jumps. These events may be competitive or recreational and are typically held on private or designated tracks.
“Music Festival” means a scheduled programme of live or recorded musical performances, typically involving multiple acts or performers, taking place over one or more days and often incorporating additional entertainment, food and drink or other attractions. A music festival may be ticketed or open to the public and can be held at a single venue or across multiple locations.
“Public Event” means any organised or arranged event, activity or gathering which constitutes Public Entertainment for the purposes of section 41 of the Civic Government (Scotland) Act 1982, including where members of the public are admitted (whether free of charge or on payment of an admission charge) to premises or to any place at or within premises in order to attend, view or participate in the event, activity or gathering.