Public entertainment
Licensing buildings
Churches
In current legislation, a church does not have to be licensed
as a place of public entertainment (Local Government Miscellaneous Provisions Act, 1982). You may put on concerts of literary and musical works in church.
Churches must comply with the Regulatory Reform (Fire Safety) Order 2005.
Other premises
Public entertainment is highly regulated in places other than
a church. Such places include parish and school halls. If you
are putting on any of these:
- a performance of a play or showing a film, video, DVD;
- an indoor sporting event;
- a performance of live music;
- an event that includes playing recorded music;
- a performance of a dance, a disco, a karaoke session;
- anything similar
then you need a public performing licence (Licensing Act
2003). This licences your building for public use. You apply
for this licence to your local authority. It might take up to 28
days to arrive.
Members of the public might object to the granting of a
licence. Their objections will normally be considered at a
Council meeting. You will be told of any objections. If there
are any, go to the hearing. Objections are often from close
neighbours who think they will be disturbed by loud music
and noise.
Applying for a performing licence is sometimes linked with
applying for a personal licence permitting the sale of alcohol.
This subject is beyond the scope of this guide.
Your local authority will need to be satisfied about public
safety. Your premises must have:
- emergency lights which will come on during a power
- failure;
- working fire exits, as advised by the Fire Officer;
- fire extinguishers installed, as advised by the Fire Officer;
- annual certificates of inspection of these items;
- seating that is properly planned and limited in number.
Also, the police will need to be satisfied that the entertainment will not cause:
- unreasonable public nuisance;
- crime and disorder;
- harm to children.
There are two types of public performance licence:
Temporary Event Notice (TEN) (up to a maximum of
12 events a year). These presently cost £21 per event
(2006).
Premises Licence (PL) These are free to churches.
They cover more than 12 events a year.
Your local authority can advise you about the most appropriate licence for your event.
Licensing activities
In church
Outside of acts of worship:
- you need permission to perform works in copyright in public;
- the copyright owners are entitled to performance royalties;
- the copyright owners are entitled to be acknowledged on concert programmes.
Charitable status; charitable activity; lack of admission charge
— none of these affect the rights of owners of copyright. It is up to them, not you, to waive fees.
You must not deliberately perform a work in copyright in a derogatory manner.
For activities mainly run by and for the parish and parish groups in church, you need a PRS Church Licence from CCLi.
The PRS Church Licence covers the live performance or playing of recorded music on church premises outside acts of worship. For example:
- concerts and recitals;
- discos, dances, and karaoke sessions;
- aerobic, keep fit or dancing classes;
- film, video, DVD shows; (You need another licence to show them.)
- background music played by whatever means at events such as social meetings, youth clubs, fetes and so on.
The cost of this licence is based on the parish’s average Mass
attendance. More details can be seen at:
www.ccli.co.uk/Visitors/PerformingRightSociety.cfm
Common misunderstandings
We are a charity...
We do not have to pay performing fees.
We are a parish youth group...
We do not have to pay performing fees.
It’s the infants’ Christmas concert...
We do not have to pay performing fees.
We are raising money for charity...
We do not have to pay performing fees.
We are not charging for admission...
We do not have to pay performing fees.
It’s ‘sacred’ music... so.......................
We do not have to pay performing fees.
All these are not true.
A common misunderstanding
If a priest says a prayer at the start and at the end of the
concert, the event has become an act of worship
and you do not have to pay performing fees.
This is not true – a concert is a concert.
To apply for the licence:
CCLi Ltd.
PO Box 1339
Eastbourne
East Sussex BN21 1AD
Tel: 01323 417711
You can apply online at www.ccli.co.uk/Visitors/Apply.cfm
If you are putting on six or more concerts in a cathedral or
a large church during a year, you might be considered a
concert venue by the PRS, and you might need a licence
directly from them, not from CCLi.
Church halls
For activities mainly run by and for the parish and parish groups in the church hall, you need a PRS Church Licence from CCLi.
For activities mainly run by community groups (including secular uses) in the church hall, you might need a direct licence from PRS and possibly a Phonographic Performance Licence (PPL) too.
If community and secular groups mainly use the church hall, apply directly to the PRS for a licence. The cost can be recovered in the hiring charges.
MCPS-PRS Alliance
Copyright House
29-33 Berners Street
London
W1T 3AB
Tel: 020 7580 5544
www.prs.co.uk
Tell the PRS exactly what circumstances you might need a licence for.
Community users might also need a PPL. The law permits recordings to be played by charitable bodies for the purposes of the advancement of religion, education or social welfare. This must be a non-commercial activity. Money can be raised as part of the event but it must all be given to the charity.
The parish might take out a PPL for these groups and recover the cost in the hiring out of the premises. Apply to:
Phonographic Performance Ltd (PPL),
1 Upper James Street,London.W1R 3HG
Tel: 0207 534 1030
Fax: 0207 534 1363
e-mail: GLD.info@ppluk.com
web: www.ppluk.com
Visual recordings
None of the licences mentioned so far covers the public performance of commercially made films, recorded on tape or on some form of disc. The PRS and PPL licences cover music. The concession given to literary and musical works when performed in acts of worship does not apply to visual recordings.
If you are showing videos or DVDs – or just clips from them – in church, or in other parish premises, a Church Video Licence might be required. For details, see www.cvle.com
Often, you will not need any further licence to use recordings produced specifically for educational purposes – such as the
Café Baptism Programme. The right to show them is included upon purchase. Check the terms and conditions of use in each case.
Theatrical works
Some parish halls have a staged area which might be used by drama groups. The PL or TEN licences might not cover
staged productions. You should ask your local authority if you also need a Theatre Licence (TL). You will need a TL if the audience will be wider than the drama group and its invited guests.
In addition to the public safety requirements of a PL or TEN, you will have to show that:
- props, scenery and curtains are fireproof;
- main light switches are enclosed in lockable boxes.
A new TL is needed for each new production. A TL is not needed if the performance is part of a wedding reception.
There may be no fee for a TL if the production is for charitable or educational purposes. You will still have to pay
performance fees.
Details of how to get a licence to perform a work in copyright are often printed on the publication. Contact the publisher if they are not.
Sometimes you will be refused permission to perform a work
because a professional production is taking place somewhere.
Find out before beginning rehearsals.
Always perform ‘under licence’ and pay the requested fees