Technical Notes 2022, Issue 61 - Fallback Date for Events

1.The purpose of this Technical Note is to advise Members of a new practice that is being put in place for Public Entertainment Licence Applications.

2. Members will be aware that many local community events require a Public Entertainment Licence.  The Licensing Team has been asked by different groups whether or not two alternative dates could be specified when making an application.  For example, the first date would be the intended date to hold the event and the second date would be the fallback date in the event of poor weather.  The event would only take place on one of the specified dates.

3. Officers have reviewed the legal position and are satisfied that there is nothing in the Civic Government (Scotland) Act 1982 that prevents the use of a fallback date.  Further, the provision of this is seen as a measure which may help to build confidence in planning community and other events which is particularly important given the impact of the pandemic over the last two years. 

4. It is proposed that applicants will be advised that they will be permitted to specify two dates when making an application for an event which may be subject to cancellation for reasons outwith the control of the organiser e.g. weather, with the second date being the fallback date.  So, for example, a community group may intend to hold a community outdoor event one weekend but also be allowed to include a fallback date of another weekend should poor weather prevent the event taking place on the initial weekend.

5. Officers will ensure that applications with fallback dates are subject to full consultation, so that the public and consultees are aware that the event may take place on a fallback date if it cannot proceed on the initial date due to, for example, bad weather.  Conditions will be added to ensure that the event only takes place on one of the dates.  Conditions will also require the applicant to give sufficient notice if the fallback date is to be used instead of the initial date.

6. If another applicant is looking to hold an event at the same location and on the same date as a fallback date identified by an initial applicant then, provided the initial application has not been granted, the initial applicant will be invited to amend their application to remove the fallback date.  If the initial applicant insists on the fallback date being included, both applications will be referred to the Civic Government Appeals Board.

7. Similarly, applicants will be limited to the nomination of just one fallback date.  Officers would not encourage more than one fallback date, not least because it will become impossible to manage along side other applications and may work to preclude events.  This new approach (in terms of uptake and any issues in practice) will be monitored and may be the subject of a report to a future Policy & Resources Committee should it appear that the availability of fallback dates causes difficulties in ensuring community groups have a fair opportunity to hold events.

8. In addition to the above, the Licensing Team is looking at other ways in which it can proactively support community groups in navigating the Public Entertainment Licensing requirements.  It is anticipated that this new practice, along with other measures, will help to re-establish community activity by providing a greater degree of certainty around events taking place, including mitigating against community events being cancelled or impacted by adverse weather conditions.