Government confirms plans to de-regulate live music

26-Sep-2011 On 10th September 2011 the Government announced plans to de-regulate the provision of what is known under the Licensing Act 2003 as “regulated entertainment”.

The Act, when it came into effect in late 2005, consolidated various pieces of legislation and created just one type of licence, “a premises licence,” which covered all sorts of licensable activities including regulated entertainment and the sale of alcohol.

The proposals, if adopted in their entirety, will mean that the provision of entertainment including live music, dance, recorded music, plays, indoor sporting events and films, to an audience of less than 5000 people, will no longer be classed as “regulated entertainment” and will not therefore require a licence.

John Penrose, the Minister for Tourism & Heritage has given several different reasons for tackling this area of the law, which he calls “a mess”. It is true that the current system is sometimes contradictory and illogical. He mentioned by way of example that a licence is required to allow a singer in the corner of a village pub, but not for the screening of an England football match in a busy city centre bar; that an athletics meeting needs a licence if it is held indoors, but not if it is held outdoors; a free school concert to parents is not licensable, but if a small charge is levied to raise money for the PTA, it would be.

He believes that the current licensing process stifles creativity, expression and good work within communities, and that the various musicians’ unions are extremely concerned that the existing law creates obstacles and reduces the scope for new talent to get started. It is hoped, too, that by making it easier for pubs and bars to host more music events, in the difficult economic climate, it may prove to be an important alternative income stream.

The proposals are widely regarded as a positive step forward for the licensed trade, especially for smaller premises, or those organising community or charity events, who have previously been dissuaded from applying for licences due to the cost and administrative burden.

However, whilst the Government has set out its position, it will be interesting to hear from other bodies, and in particular local residents’ associations, who are likely to oppose the plans.

The consultation period ends on 3rd December 2011 and so the New Year should bring more clarity.

For more information on any licensing matters contact Anthony Lyons or Felicity Harris-Knott

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