UPDATED INFORMATION FOR CHAPTER 42:
VOLUNTARY SECTOR LEGAL HANDBOOK
This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.
These websites for each chapter update
the 2nd edition of The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor (Directory of Social Change, 2001). The websites are not intended as a comprehensive update and should not be treated as such.
To order a copy of The Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking
. It costs £50 for voluntary organisations or £80 for others, plus 10% p&p. We expect the third edition to be published in 2007.
The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.
Chapter 42
PUBLIC GATHERINGS AND ENTERTAINMENT
ENTERTAINMENT AND ALCOHOL LICENSING
Updated 26/10/05. Some of this information has been reproduced with permission from the August 2003 issue of Community, published by Community Matters.
The Licensing Act 2003 passes responsibility for alcohol licensing from the magistrates court to local authorities, which are already responsible for public entertainment licensing. It also introduces four new licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The new regime comes into effect on 24 November 2005.
The changes that are most likely to affect voluntary organisations are:This paragraph updates s.42.2 The Voluntary Sector Legal Handbook 2nd edition.
Premises licences replace public entertainment licences and community premises licences. These will be needed in order to hold public entertainment, film shows, indoor sporting events, performances of live or recorded music, dance performances and plays.
These paragraphs update s.43.3 The Voluntary Sector Legal Handbook 2nd edition.
A premises licence can include the sale of alcohol. In this case the applicant has to name a designated premises supervisor who is the holder of a personal licence to supervise the serving of alcohol.
The facility for voluntary organisations to obtain occasional permissions to sell alcohol themselves has been withdrawn. This is replaced with the facility to obtain temporary events notices to sell alcohol, of which a maximum of 12 can be obtained for each premises per year.
Social clubs, industrial and provident societies etc are brought into line with other premises and will require a club premises certificate. This certificate will not require a premises supervisor in order for alcohol to be sold.
This paragraph updates s.45.6.1.3 The Voluntary Sector Legal Handbook 2nd edition.
The provision of bottles of alcohol as prizes in raffles and tombolas will be exempt from the need for a licence, under certain conditions (clause 172).
The Licensing Act 2003 is at www.opsi.gov.uk/acts/acts2003/20030017.htm. The Act is very long so it may be easier to start with the explanatory notes which are at www.opsi.gov.uk/acts/en2003/2003en17.htm. Guidance for local authorities is at www.culture.gov.uk/alcohol_and_entertainment. Information specifically about the impact on voluntary organisations and community groups is available from Community Matters, tel 0870 72 72 373, www.communitymatters.org.uk.
HEALTH & SAFETY FOR OUTDOOR EVENTS
Added 20/8/05. This information adds a new section to s.36.4 and updates s.42.4 in The Voluntary Sector Legal Handbook 2nd edition.
Voluntary Arts Network published in June 2005 Health and safety at outdoor community events, a comprehensive guide to risk assessment and good practice for events of all types and sizes. It costs £20 for voluntary organisations with turnover under £100,000, £25 for larger voluntary organisations, and £30 for statutory bodies. For the table of contents, three sample chapters (understanding H&S law, kinds of risk assessment, and the contents of the event H&S plan), and details of how to order click here (the web address is too long to show on screen).
SAFETY AT PUBLIC EVENTS
Added 20/11/06. This information updates s.42.4 in The Voluntary Sector Legal Handbook 2nd edition.
The Home Office issued on 30 August 2006 guidance for organisers of public events, including carnivals, sporting events and charity stunts, with additional information about events that take place on roads, such as charity walks, running and cycle races. The guide explains how to set up events, carry out a risk assessment, and ensure compliance with fire and safety requirements. It also explains local authority requirements, the use of stewards and when to involve the police.
The good practice guide to small and sporting events taking place on the highway, roads and public places is at police.homeoffice.gov.uk/news-and-publications/publication/operational-policing/event-safety-guide.pdf.
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