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In this blog, we look into the live music act and how it can affect your business.
Whether you’re a pub, bar, restaurant or event space, live music can attract new customers, boost sales, and create a welcoming, enjoyable atmosphere.
At Poppleston Allen we have years of experience helping businesses obtain the required licences needed to host live music. If you have any questions, please get in touch.
The Live Music Act (The Act) came into force on 1st October 2012 and deregulates live music.
The Legislative Reform (Entertainment Licensing) Order 2014, in force from 6th April 2015, further deregulates live music and recorded music.
The Live Music Act removes the licensing requirements for live music and recorded music where:-
The Live Music Act also disapplies any live music and recorded music-related conditions which appear on your premises licence, providing the above criteria are satisfied.
However, if the live music- and recorded music-related conditions have been re-imposed as part of a licence Review then they will apply and need to be complied with.
EXAMPLE CONDITION:-
If live amplified music is taking place in an area not shown on your licensed layout plans, for example in a beer garden, it is still not licensable due to the so-called ‘workplace’ exemption under the Act (again between 8am-11pm and to an audience of no more than 500).
The workplace exemption does not apply to recorded music. Neither does it suspend music-related conditions, so if for example you had a condition stating, ‘No live music in the beer garden’ and you were relying upon the workplace exemption you would still have to comply.
If the music is unamplified live music, providing it takes place between the hours of 8am and 11pm, it is not licensable anywhere regardless of the number of people in the audience.
The Act also removed the licensing requirements for so-called ‘entertainment facilities,’ which covered such diverse items as microphone stands, dancefloors and amplifiers. These are no longer licensable in any way, although they do sometimes still appear (erroneously) on licences that have not been updated.
There are a number of mechanisms for the protection of residents and these are:-
If your beer garden is licensed for the sale of alcohol then you can play both live and recorded music until 11pm.
Playing amplified low-level background music may be exempt from needing a licence. What constitutes background music depends on different factors, such as the volume or whether the music is a significant part of the ambience or attraction.
Playing amplified low-level background music may be exempt from needing a licence. What constitutes background music depends on different factors, such as the volume or whether the music is a significant part of the ambience or attraction.
Whether or not a DJ is classed as live music depends on how they are performing. If they are playing recorded music, then they are likely to be classed as recorded music. However, if they are mixing or manipulating music to create new and original sounds then this can be seen as live music.
No, it does not include staff or performers.
Yes, if you have a condition on your premises license prohibiting live music in your beer garden then it will likely still apply, even if you are relying on the workplace exemption for the band. The workplace exemption allows for live music in certain situations without requiring a licence, however it does not override any existing conditions in your licence that restrict music in the beer garden.
When you’re not sure it’s best to get a professional opinion. Please Contact us for advice on the above and any other licensing questions.
The Act does not remove the requirement for copyright permission to play live and recorded music from PPL / PRS, this is covered by separate legislation.
Download a printable version of this document using the link below.
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