The Licensing Act 2003 introduced licensing for "entertainment" almost anywhere, including open spaces which had never previously required licensing.

In Scotland, there is no requirement to get a licence for "entertainment", existing public nuisance and public safety laws (the same as in England and Wales) being considered sufficient to prevent any difficulties. 

Though the 2003 act exempted a small number of activities (church services and morris dancing) other similar "entertainments" (for example mummers plays and other traditional pastimes) are still effectively banned by the act, even in the open air where they have always traditionally been allowed.

There’s no evidence that staging live entertainment leads to crime or disorder any more than other kinds of public gathering. Excessively noisy premises can already be served noise abatement orders under the Environmental Protection Act, or fined under the Clean Neighbourhood and Environment Act.  There is also no evidence that there is a crisis of public disorder in Scotland caused by the act not applying there.

All of the "entertainment" clauses in the Licensing Act 2003 should simply be repealed.  It's hard to understand how they should be needed in England and Wales but not in Scotland.

Why is this idea important?

Our freedom to entertain ourselves and others was severely curtailed by the Licensing Act of 2003.

Repealing the appropriate clauses and allowing any nuisance to be controlled by the laws already put in place to specifically address nuisance would once again allow freedom of expression in England and Wales.

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