Yorkshire Folk Arts: News: licensing act: new petition

The DCMS has now published draft revised Licensing Guidance for public consultation:

http://www.culture.gov.uk/Reference_library/Press_notices/
archive_2007/dcms004_07.htm

Hamish comments:

"The closing date for representations is 11 April 2007. This can be done by post (see link above) or by email to:

licensingconsultation@culture.gov.uk

The key draft revision for musicians concerns the meaning of 'incidental music' (para 3.21, p30). The new wording does seem to fulfill the DCMS pledge, announced on 11.12.06 in their Simplification Plan, that the policy intention is to exclude carol singers and buskers. To that extent the draft revision should be welcomed.

However, in other respects the changes are a nonsense. Quibbling about whether a gig is advertised, whether it is the main reason for attendance, and whether volume 'predominates over other activities', is petty when set against the exemption for big screen broadcast entertainment and the light touch for jukeboxes."

January 2007

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		Licensing Act: new petition
		After a year or so under the new Licensing Act, it is still far from clear what effects the legislation has had on live music; particularly as the DCMS has done its best to obscure the facts. It has (arguably) been less disastrous than we had feared, but it still appears to have done more harm than good. It is at any rate time to insist that government keeps its promise and reviews the situation properly. To this end, Dominic Cronin has launched an online petition: "We the undersigned petition the Prime Minister to recognise that music and dance should not be restricted by burdensome licensing regulations." He adds: "The recently introduced changes in licensing law have produced an environment where music and dance, activities which should be valued and promoted in a civilised society, are instead damaged by inappropriate regulation. We call on the Prime Minister to recognise this situation and take steps to correct it." The live music/licensing e-petition now has more than 3,000 signatures. It currently stands at no.18 of 1730 in the list of petitions on the Number 10 website: http://petitions.pm.gov.uk/licensing/ This is good going in a short space of time; and people can sign up until 11 June 2007. But the petition needs to do much better to make an impression on ministers, and to encourage DCMS to implement music-friendly amendments. Hamish Burchall, who has campaigned tirelessly against the Act both before and since its enactment, has this to say: The petition is for everyone, not just musicians. Please consider signing if you haven't already done so. If you have signed, encourage friends to sign. Points to remember about the new legislation: 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, bars with jukeboxes, CD players etc were automatically granted a licence to play recorded music; but their automatic entitlement to one or two 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'). In 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 The DCMS has now published draft revised Licensing Guidance for public consultation: http://www.culture.gov.uk/Reference_library/Press_notices/ archive_2007/dcms004_07.htm Hamish comments: "The closing date for representations is 11 April 2007. This can be done by post (see link above) or by email to: licensingconsultation@culture.gov.uk The key draft revision for musicians concerns the meaning of 'incidental music' (para 3.21, p30). The new wording does seem to fulfill the DCMS pledge, announced on 11.12.06 in their Simplification Plan, that the policy intention is to exclude carol singers and buskers. To that extent the draft revision should be welcomed. However, in other respects the changes are a nonsense. Quibbling about whether a gig is advertised, whether it is the main reason for attendance, and whether volume 'predominates over other activities', is petty when set against the exemption for big screen broadcast entertainment and the light touch for jukeboxes." January 2007
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