LIVE MUSIC ACT (2012) David Lucas © Fraser Brown 2012.

LIVE MUSIC ACT (2012)

David Lucas

© Fraser Brown 2012

Live Music Act (2012)

• Partial deregulation of performance of live music

• Removal of regulation about the provision of entertainment facilities

• Amendment of exemption for entertainment in small premises

• Commencement date – 1st October 2012

• Statutory Guidance amended 31st October 2012


• “Music” includes vocal or instrumental music or any combination of the two.

• “Live music” is a performance of live music in the presence of an audience which is intended to entertain.

• A performance of live music may include some recorded music.


• Must not consist of recorded music only without an additional (substantial and continual) creative contribution.

• Whether a performance is live music involves a degree of judgement.

• Matter for the Court to decide in the event of a dispute.


Live music in alcohol premises:-

• Premises Licence or Club Premises Certificate authorises supply of alcohol for consumption on the premises

• Premises are open for the supply of alcohol

• Amplified or unamplified live music may be provided between 8.00am and 11.00pm

• Audience no more than 200 persons for amplified live music

• Any existing conditions relating to live music are suspended


• Live music conditions imposed on new Premises Licences or Club Premises Certificates also suspended.

• On review an existing live music condition can be made effective subject to a statement that Section 177A does not apply to it.

• On review a new live music condition may be added which will be effective – statement?


• Live music remains licensable between 11pm and 8.00am

• Conditions are only suspended between 8.00am and 11.00pm.

• Must comply with duties imposed by other legislation.

• Other measures available to deal with noise issues and complaints.


Live music in venues which are not licensed (or licensed only for late night refreshment):-

• Applies to workplaces as defined in Workplace (Health, Safety and Welfare) Regulations 1992

• May provide amplified live music between 8.00am and 11.00pm

• Provided audience no more than 200 persons

Live Music Act (2012)Workplace means any premises (or part)not domestic premises and made availableto any person as a place or work including:-

• Any place within the premises to which persons have access while at work, and

• Any room, lobby, corridor, staircase, road or other place used as access to or egress from a place of work or where facilities are provided in connection with a place of work except a public road


Live unamplified music:-

• Applies to any premises (whether or not licensed)

• May provide unamplified live music between 8.00am and 11.00pm

• No restriction on the size of audience


• Live or recorded music allowed for morris dancing or dancing of a similar type

• Allows concurrent performances of live music

• Live performers with recorded music are included in exemption - karaoke also included?

• Application to beer gardens


The provision of entertainment facilities:-

• Facilities for making music and dancing no longer regulated entertainment

• Dance floors and pianos may be provided without an authorisation

• Existing Section 177 exemption will only apply to performances of dance

Live Music Act (2012)Section 177 – Dancing In Small Premises:-

• Premises Licence authorises supply of alcohol for consumption on premises and dancing.

• Premises primarily used for supply of alcohol for consumption on the premises.

• Premises have maximum capacity of 200 persons.

• Premises open for supply of alcohol for consumption on the premises.

• Premises being used for dancing.


Section 177 – Dancing In Small Premises:-

• Any licensing authority imposed condition relating to dancing is suspended.

• Condition not suspended if imposed on crime and disorder or public safety grounds.

• Existing condition becomes effective on review if statement made that Section 177 does not apply to it.

• New condition may be added on review provided similar statement made.


• Conditions relating to non-licensable activities

• Live music in premises licensed for other entertainment only

• Limiting alcohol hours to avoid exemption

CONSULTATION

REGULATED ENTERTAINMENT

Consultation • Proposal to remove licensing requirements for most

activities defined as regulated entertainment

• Considered each of the entertainment activities regulated by the Act

• Key question – what would happen if this activity were no longer licensable?

• No change if genuine need to licence a type of entertainment

• No proposal for 11pm cut off for deregulation

Consultation

Proposals will not apply to:-

• Any performance of live music, theatre, dance, recorded music, indoor sport or exhibition of film where the audience is 5,000 people or more

• Boxing and wrestling

• Any performance of dance classed as sexual entertainment but is exempt from separate sexual entertainment venue regulations

• Age classification safeguards for films

Consultation

• Consultation period from 10th September to 3rd December 2011.

• Response to consultation yet to be published.

• Consultation responses being considered.

• Announcement to be made “soon”.

David LucasFraser Brown84 Friar LaneNottingham

NG1 6ED

Tel: 0115 9597139Mobile: 07973 899398

Email: [email protected]

LIVE MUSIC ACT (2012) David Lucas © Fraser Brown 2012.

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