The Live Music Forum

Hamish Birchall Bulletin

Wedenesday 1st February 2007 - Licensing petition: more than 6600 signatures

Please circulate

More than 6,680 people have now signed the licensing/live music e-petition on the Number 10 site:

http://petitions.pm.gov.uk/licensing/

As a result the petition has reached number 13 in the list of over 2,500 on this site. By the end of this month it should be well within the top 10.

But many more signatures are needed to attract national media attention, and to encourage the government to make music-friendly changes to the legislation: the Licensing Act 2003.

Please consider signing if you haven't already done so. If you have signed, encourage friends to sign.  Points to remember about the new law:

• 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: £20,000 fine and six months in prison.
• The rationale is to prevent noise, crime and disorder, to ensure public safety, and the protection of children from harm.
• But broadcast entertainment, including sport and music, is exempt no matter where, and no matter how powerfully amplified.
• In the transition to the new regime in 2005, bars with jukeboxes, CD players etc were automatically granted a licence to play recorded music; but their automatic entitlement to one or two live musicians was abolished.
• For the first time, private performances raising money for charity are licensable.
• School performances open to friends and family are licensable - they count as public performances.
• 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').
• Last 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 £21 each.  See the full MORI reports on this site: http://www.culture.gov.uk/Reference_library/Research/research_by_dcms/live_music_exec_summary.htm

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