Licensing Applications

News: Government’s Proposed Exemption for Live Music in Small Venues

  • Date: 06/01/2010
  • Author/Solicitor: Andrew Grimsey

The Government's new consultation document for live music in small venues is a minor boost to an on-trade continuing to struggle with red tape. This consultation - the ninth, I believe - proposes to make live music between the hours of 8am and 11pm, held inside buildings and to an audience of 100 or less, not a licensable activity. The proposals would create a "revocable exemption", ie small live music events at either licensed or unlicensed premises will be exempt provided they comply with the requirements above. This exemption can be removed by a local resident or Environmental Health on application. This application is subject to a hearing and a right of Appeal for either party.

The issue of providing live music with a slightly "easier ride" than say more contentious activities such as the sale of alcohol or dancing in night clubs has been a running debate since the "two in a bar" exemption under the old legislation was repealed by the Licensing Act 2003. In the last year alone, the House of Commons Culture, Media & Sport Committee recommended the re-introduction of the "two in a bar" exemption for venues of any size, and an exemption for venues with a capacity of 200 persons or fewer from the need to obtain a licence for the performance of live music. Additionally, my firm has assisted Lord Tim Clement-Jones, the Culture spokesman for the Liberal Democrats, in drafting a Private Members Bill which proposes, amongst other things, a total exemption for live music in certain licensed venues and an exemption for live unamplified or "minimally amplified" music by no more than two performers in any premises. This Bill is due for its second reading in the House of Lords on 15 January 2010.

The Government would appear to have decided not to follow the House of Commons Committee's recommendations nor adopt Lord Clement Jones' Bill.

The Government's stated view in its consultation document is that its discussion with Licensing Authorities showed that various stakeholder groups were likely to have serious concerns about exemptions for venues with capacities of up to 200. The argument therefore goes that, "restricting the exemption to audiences of no more than 100 is less likely to give rise to issues". It is a little like the Government's choice of 9 mandatory conditions in the Policing & Crime Act. Perhaps 100 also sounds like a good number?

Nevertheless, 100 is better than 0 and there is no doubt that in the absence of any more fundamental reform, the costs associated with full or minor variations to premises licences, temporary event notices or indeed dealing with Reviews following small live music events will be reduced if these proposals go ahead. It is important to remember that those potentially affected by noise or other anti-social effects of live music (if such exist) also have a whole host of existing remedies including Noise Abatement Notices via the Environmental Health Department, the Noise Act 1996, and the Anti-Social Behaviour Act 2008.

The consultation periods ends on 26 March 2010 and a link to the consultation document is here : http://www.culture.gov.uk/reference_library/consultations/6499.aspx

Please contact Andy Grimsey for any comments about this eNews.