The following from Hamish Birchall

The new Musicians' Union website has a comprehensive section explaining what the Licensing Bill proposes for live music: www.musiciansunion.org.uk

Essentially, the Bill makes almost all public performance, even by solo unamplified musicians, a criminal offence without a licence. This could apply to performances in your home, garden, a street, park, pub, church or school, because 'premises' is defined as 'any place' (Clause 188). The maximum penalty for unlicensed performance is a £20,000 fine and six months in prison.

Your questions imply that you assume licensing is necessary to ensure smaller venues are suitable and safe for live music. The government's position suggests they do not share your assumptions, and they have not claimed that abolishing the present two performer exemption from public entertainment licensing in liquor licensed premises is necessary for safety reasons.

The Bill exempts broadcast entertainment: a pub can be packed with noisy football supporters, jumping up and down, watching a widescreen tv hooked up to unlimited amplification - but no licence is required under the Licensing Bill. Similarly Fat Boy Slim could be broadcast at full volume into a pub or bar (or church) and that would not be licensable. Under the Bill pubs will be able to open 24 hours a day, subject to local consultation.

Even if licence fees are low, many smaller venues cannot afford them. That is why the Church of England has opposed the licensing of all secular music in churches and church halls. The government has now announced a rethink of this element of the Bill.

The Musicians' Union is opposing many of the Bill's proposals because it believes they will not lead to any significant increase in live music in what might be called 'grass roots' venues. This sector is very depressed with only 5% of 110,000 pubs, bars and restaurants in England and Wales currently able to host more than two musicians (because 95% do not hold the public entertainment licence required for more than two). Under the Bill all 110,000 of these premises will lose their automatic entitlement to host one or two musicians. The MU believes that a genuine revival of live music in such venues could best be achieved by allowing live music automatically up to, say, 11.30pm, provided the music is ancillary to the main business. Premises specialising in live music, or music and dance, may however need the exceptional control that licensing provides. This is the position in Scotland, where safety and noise is regulated by UK-wide legislation.

Hamish Birchall
MU adviser