Public Entertainment Licence
NEW LEGISLATION Proposal - Martyn’s Law
On Monday 19 December 2022, the Government announced new details for the Protect Duty, now to be known as ‘Martyn’s Law’. This new legislation may have affects for event organisers and we suggest that you familiarise yourself with this new legislation proposal and the potential requirements that could be required for organising events in the future.
Martyn’s law legislation proposals are potentially going to have requirements for organisers to consider the threat from terrorism and implement appropriate and proportionate mitigation measures. This proposed legislation is aiming to ensure parties are prepared, ready to respond and know what to do in the event of Terrorist incident occurring. The proposed legislation is hoping to deliver better protection which will be delivered through enhanced security systems, staff training, and clearer processes.
The UK Government has provided a factsheet for organisations in order to signpost what the new law may entail.
A link to this information is provided here: https://www.protectuk.police.uk/news-views/martyns-law-what-you-need-know
‘Martyn’s Law’ is at a legislation proposal stages and is NOT a legal requirement for event planning.
This page will be regularly updated so please ensure you review it regularly.
What activities require a Public Entertainment Licence ?
Please view the Moray Council Resolution to see what activities require a Public Entertainment Licence
Applications may be subject to a fee and should be made in writing in such a form as required by the licensing authority (including by electronic means). Applications must be signed by the applicant or their agent (including by electronic means).
Please read our Guidance Notes (PDF) for advice on how to complete the Application Form, and more information about the application procedure, the Certificate of Display and Schedule of Conditions.
Please check the decision tree (PDF) to help you decide which Public Entertainment Licence would suit you best.
USE OF OPEN SPACES
The Council has recently introduced new charges for commercial events in open spaces effective from 1st April 2022. Further information on these charges is available in section G3 of our Charges for Services document which can be found here http://www.moray.gov.uk/moray_standard/page_92311.html
You may wish to check whether this affects your event before applying for your licence.
Further information on how to hold an event in an outdoor space can be found here. You will need to read this information for the completion of your Event Safety Plan when using Council owned or managed land.
If your premises are used as a place of public entertainment you must hold a public entertainment licence.
Such a licence is not required in certain circumstances, eg for an athletic or sports ground being used for sports or athletic purposes or entertainment that is being provided on premises licensed under the Licensing (Scotland) Act 2005 during licensed hours.
Licences are obtained from the Moray Council for the Moray area where the activity is to be carried out. The Moray Council are the local authority for the Moray area.
Renewal of a licence
Please note it is the licence holders responsibility to be aware of the expiration date of their licence and make a full renewal application a minimum of 30 days before their existing licence expires. Failure to apply in a timely manner could result in requiring a new grant application which may be a higher cost to the applicant.
In order to assist you in submitting all if the required documents we have supplied some Event Plan, Safety Plan and Risk Assessment templates here, along with some additional guidance and information you may need to consider. We understand that not all events will require all of the information on the template so please edit the templates to suit the type and size of event you are applying for.
IMPORTANT: The Health and Safety Executive has issued a safety alert (PDF) to all Fairground Trade Associations. You can also find health and safety guidance for fairgrounds on the Health and Safety Executive's website.
If the application is for entertainment that will be mainly or wholly on the premises you must display a public notice detailing your application, in a public place at or near the premises for 21 days from the date the application is submitted. The notice must contain details relating to the application, where objections and representations can be made and how the objections and representations can be made.
If you are required to place a notice you must supply the licensing authority with a certificate confirming you have complied with the requirement.
We will send a copy of the application to the local chief constable and to the appropriate relevant authority (or where applicable the enforcing authority under the Fire (Scotland) Act 2005).
The enforcing or relevant authority may be the Health & Safety Executive, the fire service or the local authority.
Wel will give notice to the public in local newspapers of every application.
Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from us by the end of the target completion period.
The fee you will pay depends on the information you supply in your application. Guidance on how to calculate the fee is given in the form and you will pay it online.
To minimise our costs, we pass on a 1.80% charge on the value of all payments made by credit card.
To apply online for a public entertainment licence or for a certificate of compliance use the links in the Online Services box below.
Governance, Strategy & Performance