Policy

Across Australia and Internationally, various regulatory bodies have created definitions of ‘entertainment’ in order to provide for not only restrictive but also supportive ways to regulate live music, performance, and other forms of entertainment.

This issue has received wider attention following on from the NSW Governments decision to provide for later operating hours for venues providing live entertainment from those operating general licensed premises under lockout restrictions.

In their submission to the Callinan Review of the Sydney CBD ‘Lockouts’, the Live Music Office and MusicNSW proposed the following:

Live Music Office/MusicNSW Definition for Review of the Sydney CBD ‘Lockouts

When considering the operation of a licensed entertainment premises for removing the 1:30am lockout or 3:am cease service we would suggest that the following criteria be recognised

Premises in respect of which the primary business or activity is the provision of entertainment to members of the public by a person (or persons) who are physically present on the premises and are actually providing the entertainment.

“live entertainment” means—

(a) event at which a person (or persons) is/are employed or engaged to play music (live or pre-recorded); or

(b) a performance at which the performers, or at least some of them, are present in person; or

(c) a performance of a kind declared by regulation to be live entertainment;

“The premises must not operate solely as a nightclub and shall be a venue which has a market orientation toward art, live performances, and supporting cultural events and endeavours.

Additional indicators of primary purpose live music arts and cultural presentation would comprise ticketing for events, APRA AMCOS licensing, involvement in festivals as well as previous operating history.

If we look to existing definitions within Australia,

NSW LIQUOR ACT 2007 – SECT 4

Definitions

“public entertainment venue” means any of the following:

(a) a cinema,

(b) a theatre,

(c) premises in respect of which the primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment.

South Australia

LIQUOR LICENSING ACT 1997 – SECT 4

4—Interpretation

“live entertainment” means—

(a) a dance or other similar event at which a person is employed or engaged to play music (live or pre-recorded); or

(b) a performance at which the performers, or at least some of them, are present in person; or

(c) a performance of a kind declared by regulation to be live entertainment;

Queensland

LIQUOR ACT 1992 – SECT 4AA

4AA Meaning of entertainment

(1) Entertainment, for a subsidiary on-premises licence for which the principal activity is the provision of entertainment, means entertainment provided by a person—

(a) who is physically present when providing the entertainment; and

(b) whose function is to present the entertainment.

(2) However, entertainment, for a subsidiary on-premises licence for which the principal activity is the provision of entertainment, does not include entertainment using facilities that do not require a person present to provide the entertainment.

Examples of facilities that do not require a person to be present—

1 pool tables

2 jukeboxes

 

Western Australia

LIQUOR CONTROL ACT 1988 – SECT 42

42 .         Nightclub licence, effect and conditions of

(1)         Subject to this Act the licensee of a nightclub licence is, during permitted hours, authorised to sell liquor on the licensed premises, for consumption on the licensed premises only, ancillary to continuous entertainment  provided live by one or more artists present in person performing there or by way of recorded music presented personally by a person employed or engaged by the licensee to do so.

(2)         For the purpose of determining whether or not entertainment is continuous, no account shall be taken of reasonable intervals between acts, or between the performances of artists, so long as substantial compliance with the requirement for continuity is observed.

(3)         Every nightclub licence is subject to the condition that liquor shall not be permitted to be consumed on the licensed premises except at a time when live entertainment is being provided there and liquor may be lawfully sold under the licence, unless an extended trading permit applies.

 

Conditions can also be imposed through Town Planning controls for permissible land use

The Oxford Art Factory conditions of consent in Sydney are an existing approval with these provisions.

Your development consent D/2006/645/G is to permit an entertainment venue which is defined under the relevant Environmental Planning Instrument as an entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.

The consent contains specific detailed conditions as to how the premises are to operate under condition 1(c) detailed below.

After 9.00pm until close at least 2 different forms of entertainment (excluding stationary art exhibitions) shall take place such as live music, theatre, cabaret, burlesque, vaudeville, dance, comedy, spoken word, poetry recitals, art house cinema, art exhibitions, fashion shows, special events, functions and DJs.  For the purpose of clarity, this condition does not require the provision of 2 continuous and simultaneous forms of entertainment between 9.00pm and closing.  The premises must not operate solely as a nightclub and shall be a venue which has a market orientation towards art, live performances, and supporting cultural events and endeavours.

I also note that condition 9 of development consent D/2006/645/G requires compliance with a Plan of Management.  Clause 9 of the Plan of Management states as follows.

The premises must not operate solely as a nightclub and shall be a venue which has a market orientation toward art, live performances, and supporting cultural events and endeavours.

 

International references

UK Licensing Act 2003

SCHEDULE 1 Provision of regulated entertainment

Entertainment

2(1)The descriptions of entertainment are—

(a)a performance of a play,

(b)an exhibition of a film,

(c)an indoor sporting event,

(d)a boxing or wrestling entertainment,

(e)a performance of live music,

(f)any playing of recorded music,

(g)a performance of dance,

(h)entertainment of a similar description to that falling within paragraph (e), (f) or (g),

where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.

(2)Any reference in sub-paragraph (1) to an audience includes a reference to spectators.

(3)This paragraph is subject to Part 3 of this Schedule (interpretation).
Entertainment facilities

3(1)In this Schedule, “entertainment facilities” means facilities for enabling persons to take part in entertainment of a description falling within sub-paragraph (2) for the purpose, or for purposes which include the purpose, of being entertained.

(2)The descriptions of entertainment are—

(a)making music,

(b)dancing,

(c)entertainment of a similar description to that falling within paragraph (a) or (b).

(3)This paragraph is subject to Part 3 of this Schedule (interpretation).

 

Nevada, USA

     NRS 368A.090  “Live entertainment” defined.

      1.  “Live entertainment” means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.

      2.  The term:

      (a) Includes, without limitation, any one or more of the following activities:

             (1) Music or vocals provided by one or more professional or amateur musicians or vocalists;

             (2) Dancing performed by one or more professional or amateur dancers or performers, including, without limitation, dancing performed by one or more persons who are nude or partially nude;

             (3) Acting or drama provided by one or more professional or amateur actors or players;

             (4) Acrobatics or stunts provided by one or more professional or amateur acrobats, performers or stunt persons;

             (5) Animal stunts or performances induced by one or more animal handlers or trainers, except as otherwise provided in subparagraph (3) of paragraph (b);

             (6) Athletic or sporting contests, events or exhibitions provided by one or more professional or amateur athletes, sportsmen or sportswomen;

             (7) Comedy or magic provided by one or more professional or amateur comedians, magicians, illusionists, entertainers or performers;

             (8) A show or production involving any combination of the activities described in subparagraphs (1) to (7), inclusive;

             (9) A performance by a disc jockey who presents recorded music; and

             (10) An escort who is escorting one or more persons at a location or locations in this State.

      (b) Except as otherwise provided in subsection 3, excludes, without limitation, any one or more of the following activities:

             (1) Television, radio, closed circuit or Internet broadcasts of live entertainment;

             (2) Entertainment provided by a patron or patrons, including, without limitation, singing by patrons or dancing by or between patrons;

             (3) Animal behaviors induced by animal trainers or caretakers primarily for the purpose of education and scientific research;

             (4) An activity that is an uncompensated, spontaneous performance that is not longer than 20 minutes during a 60-minute period;

             (5) An activity described in subparagraphs (1) to (8), inclusive, of paragraph (a) that does not constitute a performance, including, without limitation, go-go dancing; or

             (6) Marketing or promotional activities, including, without limitation, dancing or singing that is for a period that does not exceed 20 minutes during a 60-minute period and that is associated with the serving of food and beverages.

      3.  The exclusions set forth in paragraph (b) of subsection 2 do not apply to an activity provided by a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c), or by a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, when the number of tickets to the activity offered for sale or other distribution is 15,000 or more.

      4.  As used in this section, “person who is nude or partially nude” means a natural person with any of the following less than completely or opaquely covered:

      (a) His or her genitals;

      (b) The pubic region; or

      (c) A female breast below a point immediately above the top of the areola.

 

SF Police Code:
Place of Entertainment


SEC. 1060. DEFINITIONS.

For the purpose of this Article, the following words and phrases shall mean and include:

(a) “Place of Entertainment.” Every premises to which patrons or members are admitted which serves food, beverages, or food and beverages, including but not limited to alcoholic beverages, for consumption on the premises and wherein entertainment as defined in Subsections (b), (c), or (e) is furnished or occurs upon the premises.

(b) “Entertainment.” Any act, play, review, pantomime, scene, song, dance act, song and dance act, or poetry recitation, conducted or participated in by any professional entertainer in or upon any premises to which patrons or members are admitted.

“Entertainment,” in addition, is defined to mean and include the playing upon or use by any professional entertainer of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to,reed, brass, percussion or string-like instruments, or recorded music presented by a live disc jockey on the premises.

(c) “Entertainment,” Continued. “Entertainment” also includes a fashion or style show in which the models are professional entertainers, except when conducted by a bona fide nonprofit club or organization as a part of the social activities of such club or organization, and when conducted solely as a fundraising activity for charitable purposes.

(d) “Professional Entertainer.” A person who is compensated for his or her performance.

(e) “Entertainment,” Continued; Exhibition of Human Body. “Entertainment” also includes the act of any female professional entertainer, while visible to any customer, who exposes the breast or employs any device or covering which is intended to simulate the breast, or wears any type of clothing so that the breast may be observed.

(f) “Person.” Any person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either thereof.

(g) “Operator.” Any person operating a place of entertainment in the City and County of San Francisco, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, permittee or any other person operating such place of entertainment or amusement.

(h) “Bona Fide Nonprofit Club or Organization.” Any fraternal, charitable, religious or benevolent, or any other nonprofit organization having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to members and guests and revenue accruing therefrom shall be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.

(i) “Admission Charge.” Any charge for the right or privilege to enter any place of entertainment including a minimum service charge, a cover charge or a charge made for the use of seats and tables, reserved or otherwise.

 

Baltimore City Code

 

(C) ENTERTAINMENT: LIVE.

15

16 (1) GENERAL.

17 “ENTERTAINMENT: LIVE” MEANS 1 OR MORE OF ANY OF THE FOLLOWING, PERFORMED LIVE BY

18 1 OR MORE PERSONS, WHETHER OR NOT DONE FOR COMPENSATION AND WHETHER OR NOT

19 ADMISSION IS CHARGED:

20 (I) MUSICAL ACT, INCLUDING KARAOKE;

21 (II) THEATRICAL ACT, INCLUDING A PLAY, REVUE, OR STAND-UP COMEDY;

22 (III) DANCE;

23 (IV) MAGIC ACT;

24 (V) DISC JOCKEY; OR

25 (VI) SIMILAR ACTIVITY.

26 (2) EXCLUSIONS.

27

28 “ENTERTAINMENT: LIVE” DOES NOT INCLUDE ANY ADULT USE.