The Live Music Forum
Hamish Birchall Bulletin
Friday 23rd June 2006 - 'Live venues are the heart of our communities' says new licensing minister
Yesterday, Thursday 22 June 2006, the government published revised statutory Guidance for the new Licensing Act. See this DCMS press release:
http://www.culture.gov.uk/global/press_notices/archive_2006/dcms090_06.htm
Significantly, ministers are no longer claiming that the new legislation is 'much better' for live music. “The new licensing laws have been in place for six months. But it's still too soon to draw any conclusions. We will continue to monitor the impact the Act throughout this year and beyond," said Mr Woodward.
Of course it is not too early to draw conclusions. The government should now know the proportion of bars and restaurants that do not have a live music authorisation. These places are limited to 12 gigs a year under the temporary licence scheme and 'incidental music'. Most of these have the 'grandfather right' to play recorded music, which would include using DJs. They can also provide unlimited broadcast entertainment, no matter how powerfully amplified. For the licensee in such venues, obtaining the necessary permission to host more live music will be a more complex and often more expensive process than it was under the old entertainment licensing regime.
Shaun Woodward says it's too early to draw conclusions, but earlier this month Musicians' Union General Secretary John Smith reported a 'marked drop in live music in smaller venues, especially the ones that previously benefited from the "two or fewer performers" exemption'. He added that the union was 'attempting to clarify the position in London'.
A DCMS summary of the proposed Licensing Guidance changes or additions can be found here:
The Live Music Forum (that is Government Live Music Forum: ed.) has been debating the 'incidental music' exemption for some weeks, but this is not addressed in the proposed changes. There is a significant recommendation that noise limiter licence conditions, which can be expensive, should be avoided unless other noise reduction measures have failed. But there is no mention of the fact that noise abatement notices, issued under the Environmental Protection Act, achieve the same result. In short, noise restricting licence conditions could unlawfully duplicate provision available under separate legislation.
In April, Westminster City Council imposed a noise limiter condition AND a 3-performer limit on The Hub, a brand new restaurant and sports changing facility in Regents Park. This was one of two Regents Park venues that top UK trumpeter, Henry Lowther, had hoped to perform in over the summer. The other venue, the Garden Cafe - run by the same company - has not so far applied for a live music authorisation, perhaps because of its tortuous experience of licensing at The Hub. Under the old regime neither venue would have needed an entertainment licence, because Crown land was exempt.
Following Mr Lowther's public complaint to the MU General Secretary about the loss of these gigs, he received a letter from a London MU official who claimed to have made a 'thorough investigation'.
This official had obtained a copy of the Minutes of the licensing hearing for The Hub. These did not set out or imply the licensing objective justifying the 3-performer condition. Despite this, the o fficial concluded that it was to do with the health and safety of MU members, adding 'The Musicians' Union understand that 4 or more musicians performing are better than three. However, we are also concerned for the health and welfare of our members and can find no argument that might find us in opposition to such conditions.' End of MU investigation.
In fact, when Westminster's press office was subsequently asked what licensing objective was served by the 3-performer limit, they quickly confirmed it was not to do with public safety but was a 'public nuisance' condition. They added that it had been proposed by the venue - which was technically correct. But the venue's original application submitted in February did not mention the number of performers. According to Westminster's licensing department the application received objections from local residents. Under pressure, council officers appear to have negotiated a compromise with the venue's solicitor just prior to the licence hearing.
Are such noise conditions reasonable? Could a 3-performer limit ever be reasonable? The Hub is about half a kilometre from the nearest house, and the area where the musicians could perform is underground: the ground floor changing area is buried in an earth mound, while the first floor restaurant has a clear view across the park: http://www.royalparks.gov.uk/parks/regents_park/hub/thehub.cfm
Mr Lowther has now written back to the MU asking what action they now propose to take in light of this new information.
Hamish Birchall
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