Electronic Music 411 - UK - obstructive live music licensing

05/12/07 + room

Points to remember about the new legislation:

1. The unlicensed provision of even one musician is a potential criminal offence (although some places are exempt, including places of public religious worship, royal palaces and moving vehicles). Max penalty: Ł20,000 fine and six months in prison.
2. The rationale is to prevent noise, crime and disorder, to ensure public safety, and the protection of children from harm.
3. But broadcast entertainment, including sport and music, is exempt - no matter where, and no matter how powerfully amplified.
4. In the transition to the new regime, bars with jukeboxes, CD players etc were automatically granted a licence to play recorded music; but their automatic entitlement to one or two musicians was abolished.
5. For the first time, private performances raising money for charity are licensable.
6. School performances open to friends and family are licensable - they count as public performances.
7. Under the old regime all premises licensed to sell alcohol for consumption on the premises were automatically allowed up to two live musicians (the 'two in a bar rule').
8. In December, DCMS published research confirming that about 40% of these have lost any automatic entitlement to live music as a result of the new Act:

'Very few establishments that wanted a new licence were denied it, and many who were previously limited to 2-in-a-bar now have the ability to stage music with 2 or more musicians... This contrasts, of course, with the fact that 40% of establishments now have no automatic means of putting on live music (i.e. they would have to give a TEN).'

['Licensing Act 2003, The experience of smaller establishments in applying for live music authorisation', December 2006', paragraphs 6.1.1 and 6.1.2 'Conclusions', p54; Caroline Callahan, Andy Martin, Anna Pierce, Ipsos-MORI]

'TEN' stands for Temporary Event Notice - in effect a temporary entertainment licence. Only 12 are allowed per premises per year. They cost Ł21 each. Click here to see the full MORI reports.

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