Public Entertainment Licence

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Licence Summary

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.

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) (5 pages, 108 KB) for advice on how to complete the Application Form, and more information about the application procedure, the Certificate of Display and Schedule of Conditions.

Application Form (PDF) Application Form (Word)

Please check the decision tree (PDF) to help you decide which Public Entertainment Licence would suit you best.

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.

Variation to the Public Entertainment Licence

Please view a variation to the Public Entertainment Licence

Eligibility Criteria

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.

Regulation Summary

A summary of the eligibility criteria for this licence

Application Evaluation Process

The Moray Council 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.

The Moray Council 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 The Moray Council by the end of the target completion period.

Fees

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.

Civic Government Licence Fees

To minimise its costs, the Council will pass on a 1.80% charge on the value of all payments made by credit card.

Apply Online

To apply online for a public entertainment licence or for a certificate of compliance use the links in the Online Services box on this page.

Failed Application Redress

Please contact The Moray council in the first instance, see contact details below

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that The Moray Council:

  • erred in law
  • used incorrect material fact when making their decision
  • acted contrary to natural justice
  • didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Licence Holder Redress

Please contact The Moray Council in the first instance, see contact details below.

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that The Moray Council:

  • erred in law
  • used incorrect material fact when making their decision
  • acted contrary to natural justice
  • didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Consumer Service will give you advice. From outside the UK contact the UK European Consumer Centre.

If you wish to make any objection or representation in relation to an application this must be in writing.

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that The Moray Council:

  • erred in law
  • used incorrect material fact when making their decision
  • acted contrary to natural justice
  • didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Other Redress

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that The Moray Council:

  • erred in law
  • used incorrect material fact when making their decision
  • acted contrary to natural justice
  • didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Trade Associations

None

Contact Us

Legal and Democratic Services

licensing@moray.gov.uk

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