Public Entertainment Licence
West Lothian Council operates a public entertainment licensing scheme (which includes firework displays) this licensing scheme is administered by the Council's Licensing Team.
The Licensing Team is able to provide general guidance on a scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. Please be aware that applications may be made either by individuals or by businesses/ organisations and there are two different application forms depending on which one is applicable. You should note that the applicant is responsible for any licence which is granted and insurance cover for the event should also obtained in the name of the applicant.
We will aim to process your application within 21 days but in doing so are reliant on receiving responses from our advisors in a shorter period than usual. If adverse or late comments are received we will not be able to determine your application within 21 days. We would suggest that make your application as soon as you can to ensure that there is time to determine it prior to your event particularly if there is a need to have a Licensing Committee hearing.
The law provides that where a public entertainment scheme is in operation as it is in West Lothian a licence is required for the use of premises as a place of public entertainment.
If you are in doubt as to whether a licence is required you should ask yourself the following 3 questions -
1. Are the public being admitted to premises (including land) or allowed to use any facilities for the purposes of public entertainment?
2. Is the type of entertainment offered included in the list of types of entertainment which requires a licence in West Lothian?
3. Does one of the statutory exemptions apply?
See information on this webpage to assist you in making a decision. It is a criminal offence to organise public entertainment without a licence when one is required.
A place of public entertainment is defined in section 41 of the Civic Government (Scotland) Act 1982 as "any place where, members of the public are admitted or may use any facilities for the purposes of public entertainment".
Please note that the definition was amended in 2012 to remove any reference to the payment of money so that events which are free to enter now require to be licensed.
Following the repeal of the Theatres Act 1968 the council is of the view that premises used for theatrical performances require to be licensed as places of public entertainment. See the drop down box below.
The types of entertainment which require to be licensed differs from area to area. West Lothian Council resolved in 2012 that public entertainment licences are required for the use of premises or land within West Lothian where members of the public are admitted or may use any facilities for the purposes or entertainment or recreation of the following kinds:
Public dance halls including disco dancing establishments
Premises with mechanical rides or simulators intended for entertainment or amusement unless the rides are for the exclusive use of children under the age of five whilst supervised by an adult
Circuses
Exhibition of persons or performing animals (following the repeal of the Theatres Act 1968 this can include theatrical performances)
Fun fairs, including merry-go-rounds, roundabouts, swings, switchback railways, skittle alleys, coconut shies, hooplas, shooting galleries, mechanical riding, driving or boating apparatus, or anything similar to any of the foregoing
Indoor or open air music concerts or other events involving the erection of temporary raised structures (following the repeal of the Theatres Act 1968 this can include stages, scenery and other temporary structures used for theatrical performances)
Open air music concerts where in excess of 250 persons are present
Clay pigeon shooting
Paintball
Sports or activities involving the transportation or propulsion of persons whether by mechanical or other means including gravity
Any exhibition to which the Hypnotism Act 1952 applies
Any activity involving inflatable structures
Any activity involving shooting
Archery
Indoor play areas for children
Wrestling
Cage fighting
Mechanical bowling alleys
Premises used for laser displays or laser games
Firework displays or bonfires (NB a firework dispensation may also be required )
Adult entertainment - defined as "any form of entertainment which involves a person performing an act of an erotic or sexually explicit nature, and is provided wholly or mainly for the sexual gratification or titillation of the audience"
Please note that the following types of entertainment/premises do not need a public entertainment licence
- Gymnasiums
- Health Clubs
- Billiard, Snooker or Pool Halls
- Concert Halls
- Saunas
- Massage Parlours
Any other activities which take place in the premises do not require to be listed in the application form. When listing the types of public entertainment on the form please refer to the list above.
- an athletic or sports ground while being used as such;
- premises in respect of which an indoor sports entertainment licence under section 41A of the Civic Government (Scotland) Act 1982 is required while such premises are being used for the purpose mentioned in that section;
- an educational establishment while being used as such;
- premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;
- premises licensed under the Cinemas Act 1985 or the Gambling Act 2005;
- premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect in which public entertainment is being provided during licensed hours within the meaning of that Act (for the avoidance of doubt premises operating under an occasional licence are no longer exempt); or
- premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment.
If you want to apply for a licence you must submit an application form along with the required documents and the appropriate fee.
Application forms which have guidance notes attached to them and a list of fees are available from the downloads section of this page. You should read the guidance notes carefully before completing your application form. A site notice will require to be displayed as part of the application process.
There are two separate application forms. One is for persons applying for a licence as an individual and the other is to be completed by applicants who are companies, partnership or organisations.
All applications are copied to the Council's advisors who can recommend that conditions in addition to the standard conditions detailed on this page are attached to the licence when granted. If you do not want to accept any recommended conditions then the application would be referred to the Licensing Committee for a decision to be made regarding which conditions will apply to your licence. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer.
You will be contacted following once vetting is complete and the site notice requirements have been complied with. Applications take a minimum of 35 days to process.
Temporary licences can be granted for particular events and can last for up to 6 weeks. Applications for temporary licences can usually be processed quicker than applications for annual licences as there is no site notice procedure involved. Temporary licences cannot be renewed but the holder or applicant for a temporary licence can also apply for an annual licence for the same activity and if this is done while the temporary licence is in effect the temporary licence is extended until the application for the annual licence is determined.
If you wish a temporary licence for a particular event your application should preferably be made at least 4 months before the event to allow time for the application to be processed. More notice may be required for events attracting large number of people. It is council policy that applications must be received at least 35 days in advance of the date of the event.
Application forms which have guidance notes attached to them and a list of fees are available from the downloads section of this page. You should read the guidance notes carefully before completing your application form.
There are two separate application forms. One is for persons applying for a licence as an individual and the other is to be completed by applicants who are companies, partnership or organisations.
All applications are copied to the Council's advisors who can recommend that conditions in addition to the standard conditions detailed on this page are attached to the licence when granted. If you do not want to accept any recommended conditions then the application would be referred to the Licensing Committee for a decision to be made regarding which conditions will apply to your licence. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer. You will be contacted once vetting is complete.
The Civic Government (Scotland) Act 1982 contains a number of grounds on which applications can be refused Grounds for Refusal of Civic Licence Applications (PDF, 88 KB)(opens new window) If none of these grounds is found to exist the application must be granted. Licensing caselaw makes it clear that in making decisions on any application under Part II of the 1982 Act a committee should have adequate factual material before it to support its conclusions and any reasons given should be those related to the objects of the civic government licensing legislation.
Subject to the Rehabilitation of Offenders Act 1974, all unspent convictions, fixed penalties and alternatives to prosecution must be declared including all breaches of road traffic law and you can find further information on that by using this link Scottish Government Guidance on Disclosure of Convictions which takes you to guidance from the Scottish Government regarding the disclosure of convictions, including spent convictions or alternatives to prosecution.
If you have previous convictions and have doubts as to which offences are spent you may wish to seek legal advice before completing an application.
Any member of the public can make an objection or representation about a public entertainment licence application unless the application is for a temporary licence.
A guidance note explaining how an objection or representation can be made can be viewed here Information on Responding to Licence Applications (PDF, 23 KB)(opens new window)
We have nine months in which to make a decision regarding your application however the majority of applications are determined within 60 days and applications which do not attract any adverse comments or objections are granted by the Chief Solicitor under delegated powers.
All other applications require to be referred to the Licensing Committee for a decision to be made to grant or refuse your application. You will be advised if your application is being referred to the Licensing Committee. The Committee meets on a monthly basis and you will be sent notice of the date and time of the meeting at which your application is to be considered along with a copy of the report on your application. Meetings are held in the West Lothian Civic Centre and you or your representative will be given the opportunity to explain to the committee at the meeting why you consider your application should be granted.
Applicants who require an interpreter at the Licensing Committee should consult read the following guidance note Guidance on Interpretation Service for Licensing Committee and Board Meetings (Word doc, 22 KB)(opens new window)
If your application is refused by the Licensing Committee you may have a right of appeal against that decision and can request a written statement of reasons in relation to the decision from the Licensing Team, this must be done within 10 days of the date your application was refused. Appeals against decisions can be made to Livingston Sheriff Court, information regarding the Sheriff Court is available from the Scottish Courts (opens new window) website and you should consult your own legal representative should you wish further information on how to appeal.
Applications for permanent licences are granted for 1 year. Alternatively if your application is for a temporary licence, the licence will be granted for the duration you requested and can be for a single day or for periods of no longer than six weeks.
If you are a current licence holder and wish to vary the types of public entertainment listed in your licence or the conditions of your licence you need to make a variation application, that and a list of fees is available from the downloads section of this page. Please note that a separate application must be made for each licence which you wish to be varied.
Once your application form and fee are received a copy of your application will be sent to the Council's advisors for their comments. If there are no adverse comments received from advisors the licence can be varied by the Chief Solicitor using delegated powers.
However if any adverse comments are received the application would then need to be referred to the next suitable Licensing Committee for a decision to be taken. If your application needs to go to the committee the whole process may take three to four months depending on how long it takes for the advisors to respond. If your variation application is referred to committee you will be invited to attend the meeting to explain to the committee why you consider your application should be granted.
You should notify us as soon as you can if your personal details change or any of the information given in your application becomes out of date due to a change in your circumstances.
If you no longer wish to hold your licence you can surrender it to the council at any time by returning your licence together with a letter stating that you wish to surrender it. If you surrender your licence it will cease to have effect.
The following list contains details of licences for premises which have permanent public entertainment licences. These licences are granted for one year with the licences continuing in effect once an application to renew the licence is granted. The list is updated regularly and at least every 12 weeks and gives details of the name of the licence holder and premises address. For the avoidance of doubt this is the only information available to members of the public.
Current List of Public Entertainment Licence Holders (PDF, 102 KB)(opens new window)
The Licensing Team also issue temporary public entertainment licences, these can last from one day and for no longer than six weeks. If you need further information on current temporary public entertainment licences you can contact the licensing team (opens new window)
Complaints regarding licence holders may be made to the Licensing Team. These should be made in writing by email or letter providing full details of the nature of the complaint.
As unlicensed public entertainment is a criminal offence enforcement of unlicensed activities is undertaken by Police Scotland. Complaints regarding unlicensed events should be made to Police Scotland by calling 101.
The Scottish Government has published guidance on public entertainment licences in respect of funfairs you may find this a useful document to consult when applying for a licence Guidance on Funfairs (PDF, 146 KB)(opens new window)
