(1)A local authority , combined authority or combined county authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for any of the following purposes, that is to say—
(a)the provision of an entertainment of any nature or of facilities for dancing;
(b)the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances;
(c)the maintenance of a band or orchestra;
(d)the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts;
(e)any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them.
(2)Without prejudice to the generality of the provisions of subsection (1) above, a local authority , combined authority or combined county authority —
(a)may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;
(b)may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;
(c)may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat.
(3)Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.
(4)Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of alcohol .
(5) In this section, the expression “local authority” includes the Common Council.
Cases considering section 145 3
[2017] EWCA Civ 1831 · 16 November 2017Interprets
Section 145 gives local authorities, including London boroughs, a separate power to provide entertainments and to enclose or set apart any part of a park. It authorised the Council to hire the enclosed area for the ticketed festival without the temporal or spatial restrictions in the other statutory powers. (see paras [38]; [46]; [52]-[56])
The broad power to do what is necessary or expedient for an entertainment of any nature encompasses an event such as a music festival. (see paras [37]-[38]; [52]; [54])
The power to enclose or set apart part of a park was construed according to its ordinary meaning. Enclosing inherently permits the authority to prevent general public access to the enclosed area. (see paras [42]-[46])
The power to permit another person to use an enclosed or set-apart part of a park on terms supported the Council's authority to hire the festival area and allow admission charges. (see paras [37]-[38]; [46])
The express preservation of private covenants and conditions, coupled with silence as to public-enjoyment rights and the article 7 restriction, supported the conclusion that Parliament did not preserve the latter as a limit on section 145. (see para [52])
The express inclusion of the City of London supported the conclusion that Parliament intended section 145 to apply in London. (see paras [49]; [52])
[2016] EWHC 1454 (Admin) · 22 June 2016Limits
Section 145, standing alone, authorised the Council to permit the entertainment in the Park. It included the power to close the necessary part of the Park for preparation, dismantling and safe operation. (see paras [41], [45]-[49])
Section 145(1) authorised anything necessary or expedient for an entertainment of any nature. That included closing the Park to the extent and for the time necessary to stage Wireless safely. (see paras [41], [47])
Section 145(2) provided specific ancillary powers concerning parks and entertainment premises. The court held that those powers included closing the relevant park area to the public, including permitting ticketed admission. (see paras [41], [47])
Section 145(2)(a) expressly authorised enclosing or setting apart part of a park. The court interpreted that power as necessarily including closure to the public. (see paras [41], [47])
Section 145(2)(b) supported the conclusion that an enclosed or set-apart part of a park could be used by another person on terms allowing charges for admission. (see paras [41], [47])
Section 145(2)(c) was part of the textual context confirming that the statutory power contemplated controlled admission to an entertainment held in an enclosed part of a park. (see paras [41], [47])
Section 145(3) was reproduced as part of the statutory provision, but the judgment did not decide an issue concerning a covenant or condition affecting the Park. (see para [41])
Section 145(4) was reproduced as part of the statutory provision, but the judgment did not decide an issue concerning separate licensing enactments. (see para [41])
Section 145(5) was relied on to note that the power applied to London boroughs and the City of London. (see paras [41], [49])
[2016] EWHC 1633 (Admin) · 9 June 2016
Applies section 145 as conferring sufficient statutory power for the Council to close part of the park as proposed. (see para [1])
What each judgment says about section 145 is in the case-law panel in the full Act.