News: I'm a SolicitorGet Me Out Of Here!
- Date: 19/11/2009
- Source: Poppleston Allen
- Author/Solicitor: Clare Eames
Taking the new Nintendo Wii advert literally and organising what may be considered 'indoor sport' could see licensees falling foul of the law as many licences do not permit indoor sport.
Under the Licensing Act regulated entertainment includes 'indoor sport' and playing Nintendo Wii in a pub could be considered to be the provision of indoor sport, especially if formal competitions are advertised and promoted by the premises.
As to whether or not playing Nintendo Wii is actually an indoor sporting event, this may not be clear cut, but begs several questions. First of all, it has to be considered whether or not playing a Nintendo Wii is a sporting event, but when you look at the definition, which requires physical skill as a predominant factor and physical recreation, which is also engaged in for the purposes of competition or display, I think it could be argued that playing Nintendo Wii is very much in that bracket
The second aspect turns on the role of spectators - as shown in the advert. Traditional pub games, such as pool, darts, table tennis and billiards may fall within the definition, but they would normally not be played for the entertainment of spectators, but rather for the private enjoyment of the participants and as such are excluded from the definition. However, where such games take place in the presence of an audience and are provided, at least in part, to entertain that audience, for example darts championship competitions, then that activity would become licensable.
I am aware of certain pubs around the country that are holding Nintendo Wii championships and, although I agree it is open to interpretation, I think it is going to be sensible for licences to be checked to see if indoor sports are covered.
For more information please contact Clare Eames .
