5Provision of entertainments

(1)Notwithstanding the provisions of section 3 (Protected area to be open space and public rights of way extinguished) of the Act of 1984, the Council—

(a)may enclose or set apart any part of the square for the purposes specified in section 145(1) of the [1972 c. 70.] Local Government Act 1972 (which authorises a local authority to provide entertainments);

(b)may permit any part of the square so enclosed or set apart to be used by any other person, on such terms as to payment or otherwise as the Council think fit.

(2)The Council may not exercise the powers under this section—

(a)for more than a total of 30 days in any calendar year; or

(b)so as to prevent reasonable access for pedestrians going to or from premises abutting the north-west side of the square.

(3)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 entertainment, or for the sale of intoxicating liquor.