In this section, “place of public entertainment” means any place where, on payment of money or money’s worth, members of the public are admitted or may use any facilitiesBut now the Criminal Justice and Licensing (Scotland) Act 2010 has removed the bit about payment of money. According to MSP Nicola Sturgeon, its up to local councils' discretion as to whether to charge free events and event modify which sorts of events are except, not the
for the purposes of entertainment or recreation...
I think the idea behind it was to enable councils to clamp down on free 'raves', which is kind of twenty five years too late
Anyhoo, I'm a bit far away from the action, but with a a few spare minutes I went through the websites of all the unitary authorities in Scotland and put together this google docs spreadsheet indicating which only require events where the public has to pay to have entertainment licences and which ones require all events.
Its thrilling stuff, I'm sure you'll agree.
Of the 32 unitary authorities, only three make reference to the change in legislation, 19 of them only require a licence for events where the public has to pay.
As a side note, quite a few of them use EUGO the European Union point of single contact to administer Public Entertainment Licences.
And also a great chunk of the councils have just cut and pasted the text from the Civic Government (Scotland) Act 1982, as can be seen from the use of the phrase "on payment of money or money’s worth", but some change it to "monies" which is incorrect and a minor point of pedantry. A swath of the one's which use EUGO have copied and pasted the text from EU website "If your premises are used as..."