206Prescribed classes of buildings or places

206 Prescribed classes of buildings or places (1) For the purposes of the definition of ***place of public entertainment*** in section 3(1) of the Act— (a) the following are prescribed classes of buildings— (i) Class 9b buildings with an area greater than 500 m2; (ii) prescribed temporary structures; and (b) places with an area greater than 500 m2 are a prescribed class of places unless— (i) the place is used for the purposes of conducting an event or activity which is organised and controlled by a community-based organisation; and (ii) the number of persons in the place at any one time during the event or activity does not exceed 5000. Example to reg. 206(1)(b) amended by S.R. No. 180/2018 reg. 9. **Example** A place used for a public market conducted by a Rotary club would not fall within the class of places prescribed under paragraph (b) if the number of persons in the place at any one time did not exceed 5000. (2) For the purposes of this regulation ***community-based organisation*** means a body, whether or not it is a corporate body, that— (a) is not established primarily for the purposes of profit or gain; and (b) does not distribute any part of any profit or gain made in the conduct of its activities to any member of the organisation; and (c) operates in a community wholly for— (i) a philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity; or (ii) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association.