News: Live Music Bill

  • Date: 07/03/2011
  • Author/Solicitor: Nick Arron

On Friday 4th March in the House of Lords, Baroness Rawlings, gave Government support to Lord Tim Clement-Jones' Live Music Private Members Bill.

The Bill proposes to replace the ineffective Section 177 of the Licensing Act 2003 by removing the requirement to license live entertainment in many circumstances. Research shows there is little or no utilisation of the current Section 177 (Dancing and Live Music in Certain Small Premises) and Lord Tim Clement-Jones proposes to change the Section to provide a more workable and effective solution.

He wishes to amend the Licensing Act in the following respects:

1. An exemption for live music until midnight for audiences of up to 200, on premises which are licensed under the Licensing Act 2003 to sell alcohol for consumption on the premises. This exemption is conditional. The new Section 177 can allow residents to trigger a Review to make live music in that venue licensable.

2. Unamplified live music is exempt between 8am and midnight on the same day. This can also be reviewed if complaints are made. Conditions could then be applied to the licence.

3. Live music in schools, hospitals and work places will also be exempt as long as those venues are not otherwise licensed under the Act (e.g. to sell alcohol).

4. Removal of 'entertainment facilities' as a licensable activity altogether. There would no longer be a requirement separately to authorise the provision of musical instruments, such as a piano, for a school concert open to the public.

5. A new exemption which allows live and recorded music to accompany morris dancing.

Baroness Rawlings offered support to the Private Members Bill with three caveats. Firstly, that there would have to be a review of the technical aspects of the Bill to avoid unintended adverse consequences.

Secondly, that it was necessary to explore the issue of time limits. This suggests that the Government may not be happy with the midnight terminal hour for the exemptions in the Bill. Thirdly, the Government needed to look at the effect that the provisions of the Bill could have on conditions already imposed by Licensing Authorities.

The Bill will now move to the Committee stage.

For more information please contact Nick Arron .