PART 1 | 1. This Act is the Public Entertainments Act 1958. [28/2017] |
2.—(1) In this Act, unless the context otherwise requires —“appropriate Licensing Officer” means —| (a) | in the case of an arts entertainment provided or to be provided, solely or in combination with one or more forms of arts entertainment only, in any place other than a specified establishment — the Arts Entertainment Licensing Officer; and | | (b) | in any other case — the Public Entertainment Licensing Officer; |
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“appropriate Minister” means —| (a) | in the case of an arts entertainment provided or to be provided, solely or in combination with one or more forms of arts entertainment only, in any place other than a specified establishment — the Minister charged with the responsibility for the licensing of arts entertainments; and | | (b) | in any other case — the Minister charged with the responsibility for public entertainments; |
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| “approved place” means a building, tent, street or place, or any part of that, whether open or enclosed, which is approved by the appropriate Licensing Officer for the purposes of this Act; |
| “arts entertainment” has the meaning given in the First Schedule; |
| “Arts Entertainment Licensing Officer” means the Licensing Officer appointed under section 3 by the Minister charged with the responsibility for the licensing of arts entertainments, and includes an Assistant Licensing Officer appointed by that Minister under that section; |
| “authorised person” means an individual appointed as an authorised person under section 3(2); |
| “licence” means a public entertainment licence issued or renewed under this Act; |
| “licensee” means a person who is the holder of a licence; |
“Licensing Officer” means —| (a) | in sections 24, 25, 26, 27 and 31 —| (i) | where a power under any of those sections is exercised in connection with section 16, 17 or 18 — the Arts Entertainment Licensing Officer; and | | (ii) | where a power under any of those sections is exercised in connection with any other provision of this Act — the appropriate Licensing Officer; and |
| | (b) | in any other provision of this Act, the Public Entertainment Licensing Officer or the Arts Entertainment Licensing Officer, as the case may be; |
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| “public entertainment” has the meaning given in the First Schedule; |
| “Public Entertainment Appeal Board” means the Public Entertainment Appeal Board established by section 20; |
| “Public Entertainment Licensing Officer” means the Licensing Officer appointed under section 3 by the Minister charged with the responsibility for public entertainments, and includes an Assistant Licensing Officer appointed by that Minister under that section; |
“responsible officer”, in relation to an applicant or a licensee, means —| (a) | where the applicant or licensee is a body corporate — a director of the body corporate; | | (b) | where the applicant or licensee is a partnership (including a limited partnership and limited liability partnership) — a partner of the partnership; and | | (c) | where the applicant or licensee is an unincorporated association registered under the Societies Act 1966 — an officer of the unincorporated association; |
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“specified establishment” means —| (a) | any place or premises in respect of which a liquor licence that may be prescribed is granted under the Liquor Control (Supply and Consumption) Act 2015; or | | (b) | an amusement centre, a billiard saloon, a computer games centre or any other similar establishment. [32/2014; 5/2015; 28/2017] |
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(2) For the purposes of the definitions of “appropriate Licensing Officer” and “appropriate Minister” in subsection (1), section 16(7), and the First Schedule, a public entertainment is provided or to be provided in combination with another public entertainment if —| (a) | they are combined such that they are provided or to be provided as a single or an integrated public entertainment; or | | (b) | they remain distinct but are provided or to be provided in or as part of the same event. [32/2014; 28/2017] |
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(3) In determining any approved place for the purposes of this Act, the appropriate Licensing Officer —| (a) | must act in conformity with the provisions of the Master Plan and any Certified Interpretation Plan under the Planning Act 1998 and any authorisation under section 21(6) of that Act; and | | (b) | may approve an approved place, subject to written permission being obtained under the Planning Act 1998 for any development of or works on the land that constitutes the approved place, if required. [28/2017] |
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| (4) Unless the context otherwise requires, any reference in this Act to the issue of a licence includes a reference to the renewal of the licence. [32/2014] |
(5) The Schedules may, by order in the Gazette, be amended, added to or varied —| (a) | in any case — by the Minister charged with the responsibility for public entertainments; and | | (b) | in the case where the amendment, addition or variation relates to an arts entertainment — by the Minister charged with the responsibility for the licensing of arts entertainments. [32/2014; 28/2017] |
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| (6) Any order made under subsection (5) must be presented to Parliament as soon as possible after publication in the Gazette. [32/2014] |
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| 3.—(1) The Minister charged with the responsibility for public entertainments and the Minister charged with the responsibility for the licensing of arts entertainments may each, by notification in the Gazette, appoint a Licensing Officer and such number of Assistant Licensing Officers as may be necessary for the purposes of this Act. [32/2014; 28/2017] | (2) The appropriate Licensing Officer may, in relation to any provision of this Act, appoint a suitably trained individual as an authorised person for the purposes of that provision, subject to such conditions or limitations as set out in this Act or as the Licensing Officer may specify. [28/2017] |
| (3) An authorised person who, in the course of duty as an authorised person, exercises any power as such, is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising the power. [4 [28/2017] |
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