Guidance

Model byelaw set 3: guidance notes

Updated 7 September 2018

Applies to England

Introduction

1. These model byelaws for amusement premises have been revised to reflect recent changes to national legislation. Every attempt has been made to ensure that changes are up to date, but authorities should check for themselves, and take legal advice where necessary.

The enabling power

2. Section 75 of the Public Health Act 1961, as amended by section 22 of the Local Government (Miscellaneous Provisions) Act 1976, enables local authorities to make byelaws for the regulation of amusement premises.

3. The byelaws contain complex and detailed technical information which is deemed essential to preserve public safety and uniform standards throughout the country and should be maintained as far as possible. Local variation on matters of public safety is not desirable. We would therefore recommend that the byelaws should be adopted as a package without deviation.

4. Byelaws should be adopted only if required to address an existing problem. If councils are in any doubt about the layout of the byelaws, they are advised to use the model byelaws or contact the byelaws team byelaws@communties.gov.uk.

Consultation

5. Before making the byelaws, you should consult relevant proprietors of premises, British Amusement Catering Trade Association (BACTA), the local police and fire services, and any trader organisations which may be affected by the byelaws.

6. In drafting proposed byelaws, local authorities must have due regard to their Public Sector Equality Duty and the provisions of the Equality Act 2010, including the requirement to the need to eliminate unlawful discrimination, harassment or victimisation, and to advance equality of opportunity and foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

How to use model byelaw set 3

Interpretation provisions

7. The interpretation provision should be used to define terms which are repeated several times in the text of the byelaws. Councils should only include definitions which appear in the text of the byelaws that the council has selected. Where a defined word only appears in the text of one of the byelaws which a council proposes to adopt, that definition may be included within the text of the byelaw instead, preferably as a separate sub-paragraph.

Further information on model byelaw set 3

Age limits

8. The terms of section 75 of the Public Health Act 1961 under which these byelaws can be made are proscriptive. They enable local authorities to make byelaws to regulate the hours during which these premises are open to the public, for securing public safety, fire precautions, cleanliness and avoidance of nuisance. It is, therefore, beyond the scope of authorities to make a byelaw which imposes age limits or excludes minors. No such byelaw has, therefore, been included in the model set.

Hours of opening

9. For byelaw 3 of set 3, an amusement premises manager should not normally be allowed to keep the premises open after midnight, to avoid local disturbance, but you may specify opening hours to reflect local circumstances.

10. When reaching a decision on what opening hours to impose on amusement premises, you should give due weight to any existing restrictions imposed as conditions under section 72 of the Town and Country Planning Act 1990 and consider whether you need to deviate from them.

Fire safety

11. Fire safety responsibilities (for non-domestic premises) are set out in the Regulatory Reform (Fire Safety) Order 2005 which is usually enforced by the local fire and rescue authority for that area. The Fire Safety Order (the FSO) requires a responsible person to make, and keep under review, a suitable and sufficient assessment of the risk from fire and to implement, manage and maintain such general fire precautions as are necessary to ensure that the life risk from fire to employees and those lawfully on or in the immediate vicinity of the premises – including fairgrounds – is reduced to as low as reasonably possible. The responsible person is defined at Article 3 and general fire precautions at Article 4 of the FSO.

12. Guidance to help those responsible for fire safety at open air events and venues, including fairgrounds can be found in Fire safety risk assessment: open-air events and venues.

Fairgrounds and amusement parks: guidance on safe practice

13. Health and Safety Executive (HSE) Inspectors enforce the Health and Safety at Work etc. Act 1974 at fairground sites. Guidance prepared by HSE for the industry includes Fairgrounds and amusement parks: guidance on safe practice (HSG175) which describes the measures necessary to safeguard the public and employees in terms of the management of health and safety by different duty holders who may be encountered at any fairground site.

Exclusions from the premises

14. The wording of byelaw 5 is designed to have a similar effect to provisions covering licensed premises.

Revocation

15. The text of model byelaw 10 of set 3 contains a number of instructions which may require further elaboration:

• “insert name” – the relevant name will be that of the council which made the byelaws, even if that council is no longer the local authority for that area or is now defunct
• “insert date” – this is the date on which the byelaws were made
• “insert name of confirming authority/authority giving leave” – eg The Secretary of State for Housing, Communities and Local Government
• “insert date byelaws were confirmed” – this is different from the date on which the byelaws came into force

How to contact MHCLG

16. Applications seeking leave from the Secretary of State to make the byelaws and any queries should be addressed to:

Byelaws Team
Ministry of Housing, Communities and Local Government
2nd Floor NE, Fry Building
2 Marsham Street
London
SW1P 4DF

Email: Byelaws@communities.gov.uk