Commentary on Sections Part 8 - Licensing under Civic Government (Scotland) Act 1982 Section 176 – Licensing of public entertainment
742.Subsection (2) repeals the words “on payment of money or money’s worth” from section 41(2) of the 1982 Act. This allows licensing authorities to require large-scale public entertainments that are free to enter to be licensed. Authorities retain discretion as to whether events such as gala days or school fetes should be licensed.
743.Subsection (2) also updates some references to gambling legislation for premises that are exempt from the public entertainment licensing provisions (sections 41(2)(d) and (e) of the 1982 Act refer). It also allows the Scottish Ministers, by order, to add other premises to the list of premises that are exempt from requiring a public entertainment licence. Such an order will be subject to the negative resolution procedure.