MUNICIPALITY OF MILAN - Temporary public performances

Introduction

The purpose of this section is to provide operators with a general, not exhaustive, overview of administration procedures and compliance with standards. Please note that laws in force may make it necessary to integrate the listed documents with others. 

Information about authorisations can be browsed using the links on the right. Forms and other materials can be downloaded​ from any of the sub-sections.

Entertainment

The terms entertainment and performance are held to mean enjoyment and amusement, both of which are intentionally offered to the public and which require intervention from the public administration to guarantee important community interests, in particular safety and public order.

The term entertainment in particular indicates activities that involve the active participation of the public, for example discotheques, fun parks and rides, while performance means activities in which the public takes part passively, such as dance shows.

In general, entertainment or performance activities require authorisations, unless the performance is part of a non-entrepreneurial activity.

No authorisation or license is required, for example, for amusement or hobby meetings both in private circles that are reserved for members only, and circles that are open to everyone, as long as the performance is not part of a real business activity.

From the directives and laws that have arisen on this matter[1], the distinctive element used to establish the public or private character of a performance is whether the initiative is entrepreneurial or not (N.B. it does not, however, state if the organiser is a company or not).

Business activity

To qualify as being held for entrepreneurial activity, the activity itself must be generically aimed at profit – intended as profit in the economic sense of the word – in other words those who carry it out set their sights on obtaining a personal profit from it. [2]

Entrepreneurial activity is characterised therefore by the presence of one or more of these elements:

  • payment of an entry ticket, even through the issue of a membership card;
  • advertising of the performances in newspapers, on the radio, posters or other methods;
  • the venue characteristics imply that a business activity is taking place;
  • number of people entering the venue: as an example, performances held in private spaces to which entry is permitted with an invitation require a license if, because of the number of people invited or other circumstances, the number of attendees becomes significant.

To carry out a temporary public performance (music, sport, dance or displays such as exhibitions, concerts, events of different nature, which are carried out in a specific period, with a precise start and finish date) in public spaces or private areas when the performance is to be considered a business activity, you must obtain a license for temporary public performances.

License for temporary public performances

The license for temporary public performances aims at verifying the following requirements:

Subjective requirements: 

  • possession of the moral requirements as described in the Royal Decree no. 773/1931;
  • he absence of preconditions according to the anti-mafia law, Italian Legislative Decree no. 159 of 6th September 2011, in particular ex art. 67.

Objective requirements:

For performances carried out in a closed area, for example a courtyard or warehouse, or in open spaces where structures are used, such as stands and seats, the opinion of safe and suitable use of the space pursuant to article 80 of Royal Decree no. 773/1931 [3] is required, issued by the Municipal/Provincial Public Performance Security Committee [4].

Should the performance be repeated using the same structures and systems that were already authorised by the Security Committee within the last two years, the same performance can be authorised directly by the office without the Committee having to be addressed again. [5]

The following documentation is also necessary:

  • a license for the temporary occupation of public land, in the case of open public spaces, or
  • if the premises are private property, a declaration stating that they are available, or
  • a license for the temporary use of spaces inside municipal buildings.

For performances that are held in open-air places, such as squares and urban areas without structures that are specifically designed for hosting the public during performances and events, or in the presence of stages or platforms and electrical equipment, including sound amplification systems, as long as installed in areas that cannot be accessed by the public, the Public Performance, License and Receptive Activities Service – Business section, SUAP and Production Activities of the Municipality of Milan will issue a license for temporary public performances to authorise the performance. Authorisation is subject to a static suitability declaration for the fitted structures and of a declaration, signed by a qualified technician, stating that the electrical systems have been installed properly, and that suitable fire-fighting means have been set uP [6].

For events with a maximum of 200 participants and lasting for no more than 24 hours, the license for temporary public performances is replaced by a SCIA (Segnalazione Certificata Inizio Attività – Certified Commencement Notice), to be presented at the SUAP (Sportello Unico Attività Produttive – Sole Office for Production) [7].

A license for temporary public performances is not required for theatre or cinema presentations / conventions / conferences, only the Temporary certificate of compliance issued by the Security Committee [8] is needed.

 


[1] "A license is not required for a performance held inside a private circle, if it results that the performance was not carried out as part of a real entrepreneurial activity (Cassation Section I, 19.05.1978, no. 5869);

"What is carried out in a place that is reserved for the members of a circle, even if entry is not rigid and the performances are frequent and object of publicity cannot be considered public performance (Cassation Section IV, 02.12.1966, no. 18);

The place where performances to which anyone can go upon purchase of a member card and an entry ticket from the box office, is not to be considered a private circle, but a place that is open to everyone and is therefore subject to the regulations regarding of public performances as indicated in articles 68 and 80 of T.u.l.p.s., given that, existing in this case the possibility of immediate and indiscriminate access by anyone, the release of the card used by the spectator to acquire the quality of member of the circle … … … …is a simple expedient for evading the obligation to have same license… … …" (Cassation Section I, 02.10.1986);

 

[2] Art. 2082 of the Civil Code defines a businessman as “a person who professionally carries out an economic activity that is organised to produce or exchange goods or services”.

 

[3] Art. 80 of Royal Decree 773/1931. The law enforcement agency cannot grant a license for opening a theatre or public performance area before a technical committee has verified the solidity and safety of the building and the existence of exits that are perfectly suitable for evacuate it quickly should fire break out.  The expenses of the inspection and those for the fire-prevention services need to be paid by whoever requested the license.

 

[4] The Security Committees, both Municipal and Provincial, are formed as indicated in articles 141-bis and 142 of Royal Decree 635/1940 and subsequent modifications and integrations.

The Municipal Security Committee (MCV) oversees cinema halls or theatres and itinerant shows with a capacity equal to or less than 1300 people, other venues or premises with a capacity equal to or less than 5000 people, fun parks and mechanical or electromechanical fun equipment that causes physical strain to spectators or people who take part in games within maximum levels indicated in the Decree of the Ministry of the Interior together with the Ministry of Health.

The Provincial Security Committee (CPV) oversees all the buildings belonging to the municipality, cinema halls or theatres and itinerant performances with a capacity of above 1300 people, other premises or venues with a capacity above 5000 people, fun parks and mechanical or electromechanical entertainment equipment that physically strains the spectators or the public taking part in games, and which is above the levels indicated in the Decree issued by the Italian Ministry of Interior and the Ministry of Health.

 

[5] Art. 141 Decree 635 dated 6th May 1940 as modified by art. 4 of Presidential Decree 311/2001 – Excluding what is indicated in articles 141-bis and 142 regarding controls as per the first point, letter e), and excluding that the nature of the places in which the temporary structures are installed required a specific check of safety conditions, a new check is not required if the temporary structures are used periodically and the provincial committee, as indicated in article 142, in the same province, or the municipal committee as indicated in article 141-bis, of the same municipality, has already issued a certificate of compliance within the last two years.

 

[6] Ministerial Decree no. 927200 of 19th August 1996 with subsequent amendments, title IX.

 

[7] Art. 68 of TULPS as modified by art. 164 point 3 of Italian Legislative Decree no. 112 dated 31st March 1998 and by art. 7 point 8-bis, letter a) of Italian Legislative Decree no. 91 dated 8th August 2013 and converted with amendments by Italian Law no. 112 dated 7th October 2013.

 

[8]  Art. 68 of TULPS as modified by art. 164 point 3 of Italian Legislative Decree no. 112 dated 31st March 1998;

 

Camera di Commercio Industria Artigianato e Agricoltura di Milano.
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