The Live Music Forum
Bulletins From Hamish Birchall
Sent: 10th June 2005 Subject - The 'two in a bar rule' will finally cease on 24 November 2005
The 'two in a bar rule' will finally cease on 24 November 2005. This exemption
from public entertainment licensing for one or two live performers was originally
introduced in 1961.
Music and licensing minister James Purnell announced the date during a debate
on licensing on Wednesday 08 June (see link at the end of this email). A DCMS
press statement also confirmed the date: http://www.culture.gov.uk/global/press_notices/archive_2005/dcms077_05.htm
24 November marks the end of the 'transition period' during which all existing
licences must be converted or varied to the new premises licence.
Many, if not most, two in a bar gigs will have to be licensed under the new
regime. Such gigs could be lost or postponed because local authorities
may not be able to process the necessary 'variation' applications within two
months (i.e. by 6 October, two months after the 6 August deadline for conversion
applications). The new law states that variation applications not processed
within two months are deemed refused.
Landlords whose live music applications have failed for this reason could continue
to trade after 24 November, but without the live music (unless they opted for
a Temporary Event Notice, up to 12 allowed per premises per year). To get a
permanent live music authorisation they would have to appeal to the magistrates
court to reinstate their 'variation' for live music, or re-apply to the local
authority. Either way this will take months, not to mention the paperwork, fees,
and potential for knock-on costs.
Link to Westminster Hall debate on licensing, 8 June 2005:
http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm050608/halltext/50608h01.htm#50608h01_head1
Hamish Birchall
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