The Mudcat Café TM
Thread #38260   Message #561856
Posted By: The Shambles
30-Sep-01 - 08:42 AM
Thread Name: Write an Email for Shambles? Part 2
Subject: RE: Write an Email for Shambles? Part 2
Q: Who needs a public entertainment licence (PEL)?
A: Anyone organising any public performance of live music virtually anywhere. Without first obtaining a PEL from their local authority they could face a criminal prosecution. Venues affected could include village halls, schools, hospitals, libraries etc etc.

Q: Does that mean even a piano recital in your own home could be illegal?
A: Yes, if the public were invited to attend.

Q: What is the penalty?
A: Unlicensed live music is a criminal offence. The maximum penalty is a £20,000 fine and six months in prison.

Q: Are there any exemptions allowed?
A: Yes: 1) performances when part of a religious service in a recognised place of worship; 2) performances on Crown land; and 3) performances by up to two performers in on-licensed premises (bars, restaurants etc).

Q: I play a guitar in my local pub, and use backing tapes. That's OK isn't it?
A: No. Combining even one live musician with any form of 'recorded sound' is illegal without a PEL. The term 'recorded sound' would also include minidisc. Even MIDI is being counted as 'recorded sound' by some local authorities.

Q: How many pubs, bars etc have PELs?
A: There are about 111,000 on-licensed premises in England and Wales, including all pubs. Only 5% actually hold annual PELs.

Q: Do members of the public count as 'performers' if they participate by singing along during a pub gig?
A: Yes, many local authorities interpret the law in this way. They cite case law precedent from 1793 to support this position.

Q: Does that mean more than two people singing could be a criminal offence in over 100,000 pubs, bars and restaurants?
A: For the licensee - yes.

Q: What if I organised a gig with one musician and invited different singers to 'do a turn'. Provided only two were performing at any one time, would that be OK?
A: Not according to London borough councils. They argue that only the same two performers should be allowed throughout the course of an evening.

Q: Does a pub need a PEL for any form of recorded sound or satellite television?
A: No - provided no live musicians play at the same time.