The Live Music Forum
Bulletins From Hamish Birchall
Sent: Wednesday, June 01, 2005 9:39 AM
Subject: DJs an 'embedded right'?
A Department for Culture, Media and Sport document, leaked yesterday, shows
just how blatantly the government discriminates in favour of recorded or broadcast
music and against live music.
Under the new licensing regime, pubs, bars, restaurants and indeed any venue
that is already licensed to sell alcohol for consumption on the premises will
automatically keep the 'right' to play recorded music and even have DJs, provided
there is no dancing, when converting to the new 'premises licence'. The automatic
right to host one or two musicians, however, introduced for such venues in 1961,
is explicitly ruled out by the new Act. (See copy of DCMS text below).
Under the Licensing Act 2003, 'any playing of recorded music' intentionally
provided in bars/pubs etc to entertain customers is a 'regulated entertainment',
and illegal unless licensed. At first sight this looks like equal treatment
for live and recorded music - but it will only apply to completely new premises
licence applications.
Called 'Embedded restrictions in the Licensing Act 1964' and dated May 2005,
the leaked document, aimed mainly at local authorities, sets out the DCMS interpretation
of the complex transitional arrangements section of the Act. This covers certain
operating conditions that may or may not be automatically carried over when
converting to the new 'premises licence'. The fact that DCMS produced this document
at all is an implicit acknowledgement that the Act is badly drafted.
~ ~ ~
'It should also be noted that the term "embedded restrictions" can
itself be subject to some subjective interpretation. For example, the holder
of a justices' licence permitting consumption of alcohol on the premises is
entitled to provide recorded music or the reproduction by wireless (including
television) broadcasts without the need for a public entertainment licence.
This can be viewed as an embedded right to be carried over on conversion of
an existing licence to a premises licence because it amounts to a relaxation
of the normal requirements. Alternatively, some may view it as a restriction
because only recorded music may be provided etc. We regard this as an embedded
right (save in the context of live music about which Schedule 8 makes particular
provision) and therefore not relevant to discussions of embedded restrictions.'
DCMS, 'Embedded Restrictions in the Licensing Act 1964', para 4, May 2005
Hamish Birchall