Licenses overview: how to make sure you're fully compliant

Licences and
permissions
David Tyler, Voluntary Sector Advisor

Licences and permissions
• Former CEO of Community Matters
• Member of Government appointed Red Tape
Taskforce
• Advisor to LGA and Cabinet Office on community
sector regulation
• Chair of cross sector Insurance Working Group
• Chair of Community Sector Coalition
• Independent consultant
David Tyler

Pre-election manifesto
 Regulation and legislation – over 1500 issues
 Administration, bureaucracy, complexity, costs
UK Gov’t agreed to establish a taskforce
“Unshackling Good Neighbours”
Can’t be eliminated – planning essential

Overview
• Fundraising
• Supply of Alcohol
• Music, video, performance and copyright
• Raffles/lotteries/Bingo/gaming
• Food
• Holding events on public land
• Health and Safety inc fireworks and bouncy castles
• Insurance
• CRB/DBS

Fundraising
 Fundraising regulatory landscape confusing
 Minister endorsed self-regulation
 IOF, FRSB and PFRA clarifying division of duties
 IOF launched single code of fundraising practice
 Collecting in public places:
• Cash collections require LA licence
• Minister favours retaining NEO scheme in some form
• No licence for voluntary donation schemes
• Minister favours self regulation for ‘Chuggers’

Supply of alcohol
 Licence needed to sell alcohol but not ‘bring your own’
 Recent removal of ‘vicinity test’ for representations
 Temporary Events Notice
• Covers one-off events
• No more than 12 TENs per premises per year
• Each TEN lasts no more than 96 hours
 Premises Licence
• Requirement for an individual DPS removed
 Club Premises Certificate
• For social, sporting or political members club

Music, Video, Performance and Copyright
 Local authority licence no longer required if:
• between 8am and 11pm for indoor sport activities for
audiences of 1000 or less, plays and dance to
audiences of 500 or less
• live and recorded music in alcohol licenced premises
for audiences of 500 or less
• unamplified live music any place between 8am and
11pm
• Otherwise subject to Licensing Act

 Music copyright licences usually required:
• PPL UK licence for sound recordings
• PRS for Music licence for public performance
• Range of tariffs including Community Buildings
• PPL and PRS normally charge for street parties
• No licence needed under some limited circumstances

 Films or videos – no LA licence usually required but…:
• Motion Picture Umbrella Licence (from MPLC)
• Public Video Screening Licence (from Filmbank)
• Video Performance Licence for music videos (VPL)
• PRS licence
• PPL licence?
• Television licence (if shown on a television)
• Wedding Video Recording Licence (from wvrl.co.uk)
• Filming licence from TFL

 Other copyright licences required:
• For printed material, designs, websites etc
• From Copyright Licensing Agency

Raffles/Lottery/Bingo/Gaming
 Raffles – no licence required if:
• Selling raffle tickets on the day of the draw
• Prizes are not cash and value less than £500
• Proceeds not for private gain
• Draw is announced during the event
 Private Lottery – no licence required if:
• Members of a society, workplace or premises
• All proceeds used for prizes
• Only advertised amongst group members
• Tickets contain certain prescribed information

 Small society lottery – registration with LA if:
• Proceeds below £20,000
 Large society lottery – registration with Gambling
Commission if:
• Proceeds above £20,000

 Bingo – no licence if for ‘good causes’
• None of the proceeds for private gain
• Players informed of the good cause
• Prize bingo – prizes in advance, no limit on receipts
• Equal chance bingo – prize value linked to receipts
 Club bingo – only for members of a society + guests
• Maximum fee is £1
• All expenses from admission fee not ticket sales
• Maximum prizes/receipts less than £2,000
• If above £2,000, apply to Gambling Commission

 Gaming machines
• No licence required if prizes less than cost of playing
• If Premises Licence, up to 2 machines can issue
prizes
• Members clubs need gaming machine permit

Food
 One-off community events ‘require no form filling’
 Licence from LA if hot food/drink between 11pm and
5am
 Food hygiene certificate from LA for any premises
where food for sale prepared. FSA says no, but could be
a risk
 Street trading consent from LA under some
circumstances
 Seller may have to register with LA as food business
under some circumstances

Holding an event on public land
 Permission from LA for events in streets or parks
 Highways Dep’t consent to close a street
 May need road signs and barriers. LA may loan or hire
 Contact LA asap as it can take some time
 If not on Council property, may need permission from
owner of land

Health and Safety
 Events:
• Duty of Care
• Planning is the key
• A Risk Assessment may be required
• Good to have trained first aider around
• Most risk usually from fireworks and bouncy castles
• Adventure Activities Licensing Authority still here

Health and Safety
 Lord Young recommendations
• Exempt employers from risk assessments for
employees working from home
• Officials who ban events on health and safety
grounds should put their reasons in writing
• …. And citizens should have redress
• …. And LAs should review refusals

Health and Safety
 PAT testing not a legal requirement and there has
generally been 'over-compliance' in this regard
 HSE has scaled back reporting of accidents – RIDDOR
 HSE produced new checklists, including one for
community buildings

Insurance
 May need public liability insurance for some events
 Wide range of other insurance products for the sector –
see ABI website
 Insurance Working Group produced map of insurance
products plus trustee risk guide

David Tyler
Indpendent Consultant
07967 161888
davidptyler@hotmail.com

Licenses overview: how to make sure you're fully compliant

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Licenses overview: how to make sure you're fully compliant