Licensing Applications

News: Government to “clarify” definition of entertainment facilities

  • Date: 27/01/2010
  • Author/Solicitor: Andrew Grimsey

The Department for Culture, Media and Sport has just issued yet another consultation document, this time designed to address the problems for premises providing live music caused by the current definition of "entertainment facilities".

The consultation, which closes on 26th February 2010, highlights two existing problems:

1. Whilst incidental music is exempt from the licensing regime, the provision of entertainment facilities to allow such incidental music to take place has never been. This has resulted in the nonsensical situation in which a pianist could be playing background music in a smart restaurant, where the music he plays is exempt, but the piano itself is licensable;

2. Additionally, the provision of musical instruments themselves has come under the same statutory definition of more controversial entertainment facilities. Thus, a music stand or a grand piano currently falls to be treated by the licensing regime in the same way as a dance floor or a 600 watt amplification system.

The Government now appears to accept in the light of heavy criticism and lobbying from musicians' representatives, the licensed trade and Licensing Authority Officers, that this was neither Parliament's intention, nor does it make any sense.

The proposals are therefore intended to clarify that entertainment facilities are not separately licensable if they are used solely for the provision of incidental music, and to exclude the provision of musical instruments and ancillary items such as music stands from the definition of entertainment facilities. The only caveat to this latter exemption is that anything that amplifies the music will still be licensed as an entertainment facility.

The Statutory Guidance is to be amended accordingly.

These proposals must been seen in the wider context of the Government's consultation on exempting live music to audiences of 100 or less inside buildings (see our eNews of 6th January 2010).

A number of issues immediately spring to mind in considering the draft Order. The drafting itself appears to be flawed, with a circular reference to the definition of entertainment facilities resulting in less clarity than more. Additionally, if any thing that "amplifies" music will still be licensable as an entertainment facility, does that include a stage? What about the performance area itself?

The reality is that even with the existing flaws is the legislation, most Licensing Authority Enforcement Officers have taken a common sense and practical view. This new Consultation is an attempt by DCMS to restrict the few officials who do not take such a sensible approach, and in that respect it is partly successful.

For more information please contact Andy Grimsey .