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A REPORT BY THE TASK GROUP SET UP TO REVIEW THE LICENSING PROVISIONS CONTAINED IN THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982
9. SECTION 41(A) - INDOOR SPORTS ENTERTAINMENT
This part of the Act was inserted by the Fire Safety and Safety of Places of Sport Act 1987 and imposes a mandatory requirement on licensing authorities to license places used for indoor sports entertainment, as opposed to them using the optional public entertainment licensing provisions to do so. The provisions also specify conditions which licensing authorities may attach to such licences, in addition to their general powers to do so.
9.1 The Task Group sought views on its emerging conclusion that the mandatory licensing system for indoor sports venues should remain in the interests of public safety. We noted that the provisions were inserted into the Act in the aftermath of the Bradford Football Ground tragedy. The vast majority of respondents to the consultation agreed with the Task Group's initial recommendation.
Conclusion
The Task Group concluded that in the interests of public safety the mandatory licensing regime for places used for indoor sports entertainment should remain in place.
9.2 The Task Group's consultation asked respondents whether they considered that any changes were required to the existing legislation regarding the licensing of places used for indoor sports entertainment. A minority of respondents suggested that there was scope to abolish the separate licensing system for places used for indoor sports entertainment and incorporate it within the public entertainment licensing system. However, in considering this proposal we noted that the two licensing regimes have considerably different requirements and that it would not be practical to amalgamate the (optional) public entertainment licensing system and the (mandatory) indoor sports entertainment licensing system. We concluded however that it might be useful if guidance was issued to clarify when each of these licences is required.
Recommendation
While the Task Group do not consider that it would be practical or appropriate to amalgamate the licensing provisions for public entertainment and indoor sports entertainment, we recommend that consideration be given by the Scottish Executive to issuing guidance to clarify the circumstances when each type of licence should be used.
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