Most carol singing is either spontaneous, incidental to other activities or part of a religious service and is usually NOT, therefore, licensable. However, some carol concerts may fall into the definition of regulated entertainment - for example, where a concert is held with an invited audience.
If a carol service is organised, advertised and provided for an audience there is little doubt that this would be licensable. However, a group of carol singers (players) outside a shop could be construed as incidental to the activity of people going about shopping and therefore exempt from the requirement for a licence. It would make no difference whether or not they were seeking voluntary contributions to charity from passers by (though a Street Collection Permit might be required). This is different from a scenario where a shopping centre or individual business has organised a carol performance for an audience in a shopping mall that would require a licence or temporary event notice.
Under the 2003 Act, there is no distinction between the singing of religious or secular carols unless the carols were performed as part of a religious service or in a place of public religious worship, which would not then require a licence.
We are talking here about carol singing but the same approach can be taken when entertainments of a similar kind are proposed to take place in public places.
Some public open spaces in the Borough (mainly parkland) will already have a licence to present public entertainments such as music and dancing. Gaining permission to put on community events could therefore be comparatively easy but good forward planning is always recommended.
Further advice on this subject can be obtained from the Council's Licensing Officers:
Thurrock Council
Environmental Health & Trading Standards Service
Civic Offices
New Road
Grays
Essex RM17 6SL
Tel: 01375 652187
Fax: 01375 652780
E-mail: licensing@thurrock.gov.uk
