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Live Music Limitations

Does the "audience" figure of 200 people include staff?

Q: Live music is not permitted on my premises licence but I have live bands at my premises on a regular basis thanks to the exemptions under the Live Music Act 2012. I am aware that where there is amplified live music between 8am and 11pm there must be an audience of no more than 200 people in order to take advantage of the exemptions under the Act. I wondered if this figure of 200 people includes members of staff working at the premises?

A: For the purposes of the Live Music Act 2012, your staff, including door staff, bar staff or waiting staff, would not count towards the audience limit of 200 people whilst they are working and you could extend this to staff who happen to be watching the band whilst on a reasonable break during their shift. However if your staff members finish their shift and decide to watch the band, they would no longer be counted as staff and would count towards the number of people in the audience.

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