Music & Dancing Venues

Public Health Acts Amendment Act 1890

Part IV Music and Dancing

51. Music and Dancing licences

For the regulation of places ordinarily used for public Music dancing or music, or other public entertainment of the like kind the following provisions shall have effect (namely):
(1) After the expiration of six months from the adoption of this part of this Act, a house, room, garden, or other place, whether licensed or not for the sale of wine, spirits, beer, or other fermented or distilled liquors, shall not be kept or used for public dancing, singing, music, or other public entertainment of the like kind without a licence for the purpose, or purposes for which the same respectively is to be used first obtained from the licensing justices of the licensing district in which the house, room, garden, or place is situate, and for the registration thereof a fee of five shillings shall be paid by the person applying therefor:

(2). Such justices may, under the hands of a majority of them assembled at their general annual licensing meeting or at any adjournment thereof or at any special session convened with fourteen days previous notice, grant licences to such persons as they think fit to keep or use houses, rooms, gardens, or places for all or any of the purposes aforesaid upon such terms and conditions [, which shall, where the court considers it appropriate to do so, include a condition that the person to whom the licence is being granted make all reasonable arrangements to ensure that persons entering or making use of such house, room, garden or place are not in possession of any controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977) and that the house, room, garden or place is not used for the sale, supply or distribution of any controlled drug,], and subject to such restrictions as they by the respective licences determine, and every licence shall be in force for one Year or for such shorter period as the justices on the grant of the licence shall determine, unless the same shall have been previously revoked as herein-after provided:

(3). Such justices may from time to time at any such special session aforesaid transfer any such licence to such person as they think fit:

(4). Each person shall in each case give fourteen days notice to the clerk of the licensing justices and to the chief officer of police of the police district in which the house, room, garden, or place is situated, of his intention to apply for any such licence or for the transfer of any such licence:

[(5). If any house, room, garden or place is used for any of the purposes aforesaid without a licence under this section, the person who organised the singing, music or other public entertainment, as referred to in subsection 1, and the owner of such house, room, garden or place shall be guilty of an offence and shall be liable—
(a) on summary conviction to a [class C fine] or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment to a fine not exceeding €12,697.38 [£10,000] or to imprisonment for a term not exceeding 3 years, or both.]

[(5A). In a prosecution for an offence under this section it shall be a defence for the owner to prove that he or she had no knowledge that his or her house, room, garden or place was to be used for any of the purposes aforesaid without a licence.]

(6) There shall be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place so kept or used and so licensed as aforesaid, an inscription ill large capital letters in the words following: “Licensed in pursuance of Act of Parliament” for with the addition of words showing the purpose or purposes for which the same is licensed:

(7) Any house, room, garden, or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes except on the days and between the hours stated in the licence:

(8) The affixing and keeping up of, such inscription as aforesaid, and the observance of the days and hours of opening and closing shall be inserted in and made a condition of every such licence:

[(9). In case of any breach or disregard of any of the terms or conditions upon or subject to which the licence was granted, the holder thereof shall be liable on summary conviction to a [class C fine].]

[(9A). Whenever any person is convicted of an offence under subsection 9 the court by whom such person is so convicted—
(a) may, in any case, and

(b) shall, where the condition contravened relates to reasonable arrangements not having been made to ensure that persons entering or making use of the place were not in possession of any controlled drug and that the place was not used for the sale, supply or distribution of any controlled drug,

in addition to or in lieu of imposing a fine, revoke the public music and singing licence relating to the place in respect of which such offence was committed.]

(10) No notice need be given under sub-section four of this section when the application is for a renewal of any existing licence held by the applicant for the same premises:

(11) The Justices in any petty sessions may, if and as they think fit, grant to any person applying for the same a licence to or use any house, room, garden, or place for any purpose within the meaning of this section for any period not exceeding fourteen days which they shall specify in such licence, notwithstanding that no notices shall have given under sub-section four of this section:

(12). This section shall not apply within twenty miles of the cities of London or Westminster:

(13). In this section the expressions “licensing justice,” “licensing district,” and “clerk of the licensing justices” have respectively the same meanings as in the Licensing Acts, 1872–1874; the expression “police district” means any area for which a separate police force is maintained; and the expression “chief officer of police” means the chief constable, head constable, or other officer, by whatever name called, having the chief command of such separate police force.