Public entertainment licences for funfairs: guidance

Introduction

1. Scottish licensing authorities often adopt differing approaches to aspects of civic licensing. This allows them to respond most appropriately to local concerns and generally works well.

2. This non-statutory guidance relates to the licensing of funfairs as places of public entertainment, under the Civic Government (Scotland) Act 1982 (“the 1982 Act”).

3. This guidance is intended to assist those seeking to operate funfairs across Scotland, those involved in the processing of applications and those with an interest in the licensing of funfairs. It is intended to encourage licensing authorities to adopt best practice to support and encourage operators in running funfairs across the length and breadth of Scotland. Where possible the guidance provides examples of good practice for applicants for a public entertainment licence, and for licensing authorities when considering licence applications.

4. The guidance should not be taken as an authoritative statement as to the law. Local authorities must ensure that their procedures enable them to comply with the requirements of the legislation. The interpretation of the law is ultimately a matter for the courts. This guidance should not be seen as a replacement for independent legal advice.