Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Sep 10 - 09:05 AM

http://www.henleystandard.co.uk/business/business.php?id=805403

The spokesman said it was a business decision to end the tenancy as the terms of the licence presented too many restrictions that made the pub "not viable".

"Even if we had very small numbers of customers in the pub before an event, whether it was a student night, a live band or DJ, we had to have staff on the door," he said. "We had no choice but to give notice."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Sep 10 - 08:55 AM

The Liberal-Conservative coalition government's proposed licensing reforms were whisked out for a brief consultation in August, which comes to a close this Wednesday (8 September). The anodyne title of the consultation ('Rebalancing the Licensing Act') and the rhetoric of 'empowering communities' are little more than pretty wrapping: the content is sinister stuff.

http://www.spiked-online.com/index.php/site/article/9488/

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Sep 10 - 04:51 AM

http://www.morningadvertiser.co.uk/news.ma/article/88237?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

This week, the coalition has announced that it intends to allow local authorities to sweep away "antiquated" by-laws on carpet-beating and moving animal carcasses, which have been on the town hall list since the 1800s.

At the same time, however, they want to make it easier for local councillors to pass fresh bylaws on modern problems, such as street-drinking and low-cost alcohol, without reference to central government.

A crowd-pleaser? Certainly. A step in the right direction? Highly debatable. Local democracy is bandied about as a "good thing", on the basis that local decision-making suits the people. But experience shows that this is not necessarily so.

There has never been that much cohesion between local bureaucrats and the people they "serve", and it seems to me that this will be no different. A motivated minority will set the laws they want to, and the devil take the hindmost!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Sep 10 - 03:46 PM

From the Home Office consultation document:

Reducing burden and bureaucracy of licensing and covering its cost (part 1)

Licence fees have not been increased since their introduction and therefore some sort of increase is long overdue. This would be hugely welcomed by licensing authorities who have long argued that their enforcement costs exceed their fee income.

The Government also acknowledges that adopting a tougher licensing regime as outlined in these proposals may lead to an increase in the number of licence reviews conducted, and a subsequent risk of increased burden on local licensing authorities. Any additional burdens on licensing authorities should also be reflected in the level of licence fees.

This is worrying. An argument that my wages had not been increased for some time and that this fact alone justified an increase, would be unlikely to succeed without some increase in productivity. But it would appear that this Govt intend to reward the LGA Group lobby with an increase in fees, despite the current mess and the fact that this was always the fear expressed about moving alcohol licensing from the courts to the local councils.

The idea that the income from fees should reflect enforcement costs - without any examination of these cost or any attempt to reduce them, at a time when every other area of public service is supposed to be doing this is a great concern.

For it follows from this equation that an increase in fees will reduce even further the number of licensed premises and and that a reduction in the total number of licensed premises will further reduce the total income from fees.

If the fear is that there will be an increase in the already high number of costly licensing reviews, as a result of these proposals, perhaps the cost of these should be made by those currently being encouraged to initiate these reviews. Perhaps this would result in less objections?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Sep 10 - 10:37 AM

http://www.morningadvertiser.co.uk/news.ma/article/88240?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

The British Beer and Pub Association (BBPA) has proposed a number of "positive alternatives" to the Government's planned overhaul of licensing laws and called for a new approach to tackling problem drinking.

The BBPA said it would:

• Make licensing officers the responsible authority rather than the licensing authorities believing it would speed up the process and help protect its independence. Current government proposals would see licensing authorities acting as both judge and jury.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 Sep 10 - 02:54 PM

http://www.sloughobserver.co.uk/news/roundup/articles/2010/09/05/48227-golf-club-seeks-more-entertainment/

Eighty objections were received, including a petition from 10 residents in Mansion Lane. A petition of support with 122 signatures was also sent during the consultation period.

John King Comments:

The local rag ignores the alcohol issue and leads with objections to a variation of an entertainment licence. They have a vested interest in doing this. DCMS Select Committee reported that licence applicants spend an average of £1,000 advertising applications in the local press.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Sep 10 - 12:45 PM

http://www.hackney.gov.uk/Assets/Documents/proposed_licensing_policy_for_2011___8211__2014.pdf

Musicians working in Hackney will be required to complete a Form 696 for temporary events from 2011. According to Hackney Council's draft Statement of Licensing:

'The Police will normally object to TEN 's where: ... A risk ass...essment of the event in consultation with and to the satisfaction of the Police has not been provided to the Police 14 days in advance of the event. The Police recommend completion of a Form 696 to help satisfy this.'

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Sep 10 - 12:41 PM

John King comments:

ý145,500 licensed premises cannot host any form of live music but they can show live sport. They can also broadcast live music and play the sound through a PA system. In these cases, the Environmental Protection Act 1990 deals with noise....

Lord Davies of Oldham: It is therefore difficult to see what added control would have been available had the event been subject to the licensing controls under the Licensing Act 2003, or that such controls would have prevented the disorder that arose.

These are the (expensive) controls that DCMS and the LGA group would have us accept are vital to protect the public for live music in pubs. As the boss of Sky TV has now switched his support from the previous Govt to the Conservative Party - there is little chance that the showing of TV sport will ever be subject to the controls of the Licensing Act 2003 - but there must be some hope that the legislation will be ammended to enable live music to be treated the same. One can only hope that it is not already too late.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Sep 10 - 07:02 AM

Don't forget that the deadline for making representations concerning the Government's proposed Rebalancing of the Licensing Act is 8th Sept.

http://www.homeoffice.gov.uk/publications/consultations/cons-2010-licensing-act/

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Sep 10 - 04:52 AM

The following from Hamish Birchall

On 14 May 2008, riots broke out in Manchester during outdoor big screen broadcasts of the UEFA cup final. Questions were raised in Parliament. Would the government review the broadcast exemption in light of the violence? Answer: no. Why? Answer: Alcohol is the problem, not the broadcasts. Here is the Q&A:

Lord Colwyn asked Her Majesty's Government:
Whether, in view of the serious violence and disorder that broke out in Manchester when a big screen showing the ITV broadcast of the UEFA cup failed on 14 May, it will review the exemption for broadcast entertainment in the Licensing Act 2003. [HL3715]

Lord Davies of Oldham: The screening in Manchester of the broadcast of the UEFA cup final in a public place on 14 May only took place with the consent of the local authority and under restrictions agreed with the police. It is therefore difficult to see what added control would have been available had the event been subject to the licensing controls under the Licensing Act 2003, or that such controls would have prevented the disorder that arose.

It remains the Government's position that big-screen television broadcasts in themselves do not cause disorder, but that it is the consumption of alcohol at such events that can lead to problems. Decisions on whether big-screen events should go ahead are the responsibility of the local authority in consultation with the local police, who are involved at an early stage, and event organisers. It is already possible under existing legislation to control consumption and drunkenness in public places.

Under the Criminal Justice and Police Act 2001, it is possible for a local authority to designate any area to which the public have access a place where alcohol may not be consumed. It is also an offence under the Licensing Act 1872 to be drunk in a public place. The Government are confident that the police and local authority in Manchester will ensure that safety and security arrangements provide a controlled environment at any future big-screen events. The Government therefore have no current plans to review the licensing of any form of entertainment not currently covered by the existing licensing laws.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Sep 10 - 04:43 AM

http://www.guardian.co.uk/uk/2010/sep/03/hooligans-sentenced-uefa-violence-manchester

Hooligans jailed for causing 'worst violence in Manchester since the blitz'Eleven football hooligans sent to prison for causing havoc after the 2008 Uefa cup final

Most did not have tickets for the game against Zenit St Petersburg but descended on the pubs, with trouble erupting after a giant television screen in the city centre failed close to kick-off time.

Lords Debate
Yesterday, 15 June 2006, Lord Addington asked the government:
'Whether local authorities and the police have adequate powers to control crime, disorder and public nuisance at premises or open spaces where World Cup football matches are shown on large screens.'
Reading between the lines of Home Office minister Baroness Scotland's replies it would seem that the answer is 'yes'.

The disproportionate regulation of live music was raised by Lords Addington and Redesdale. Baroness Scotland suggested that Lord Redesdale 'should raise changes in legislation if and when there is a passing bus onto which he can jump'. Entertainment on moving vehicles is of course exempt under the new licensing laws:

The Minister of State, Home Office (Baroness Scotland of Asthal): My Lords, the police have a wide range of powers at their disposal to control public order at large screen events. Following incidents of disorder, including at events showing England's last match, local police forces are liaising with event organisers and local authorities about safety and security at public viewing events. Decisions on whether further big screen events should go ahead will be taken on a case-by-case basis by local police.

Lord Addington: My Lords, I thank the Minister for that reply. Does she not agree that there is an element of absurdity the system when these large screen events do not need a licence but somebody who wishes to have three or four musicians playing acoustic instruments in a pub does?

Baroness Scotland of Asthal: My Lords, I hear what the noble Lord says. However, some of us would say that, fortunately—many will say unfortunately—the World Cup does not often come our way.

Lord Faulkner of Worcester: My Lords, will my noble friend comment on what is happening in Germany, where tens of thousands of England fans are watching the football matches on big television screens and are not causing any trouble to anybody at all? Will she send a message to them saying "Thank you, please keep it up", while paying attention to what our ambassador in Berlin said yesterday about deterring the uncouth tiny minority who seem to derive pleasure from singing Nazi songs, goose-stepping, giving Nazi salutes and otherwise engaging in inappropriate World War II behaviour?

Baroness Scotland of Asthal: My Lords, I very much agree with my noble friend's first comment. England fans have achieved a great deal in recent years to help transform their reputation. The Frankfurt experience is the latest example of England fans travelling abroad and enhancing their reputation as the best fans in the world. It is a disgrace when a small minority tarnish that good reputation. We endorse all the efforts to ensure that those who do that feel the consequences of having done so.

Viscount Bridgeman: My Lords, it appears that part of the problem, in some instances, has been the sheer numbers that have turned up rather than the incidents of violence. The Minister referred to the ability of the police to cope, but does she not agree that the police, local authorities and the BBC should sensibly address this matter day by day during the World Cup?

Baroness Scotland of Asthal: My Lords, I reassure the noble Viscount that that is exactly what is happening. A lot of organisation is going on between the police, the event organisers and local authorities. For instance, for big screen events in Manchester, it has been decided by the Manchester police, in consultation with the event organisers and the local authority, that they should be ticketed. This planning is going on and is much to be commended.

Lord Redesdale: My Lords, when the Licensing Act 2003 was going through Parliament there was a great deal of discussion about why large screen television was exempt and the issue of violence, which has unfortunately come to pass, was raised. However, rather than saying that perhaps we should now license large screen television events, will the Government look again at taking unamplified music out of the licensing regime? There have not been the same headlines of punch-ups at folk festivals.

Baroness Scotland of Asthal: My Lords, I hear what the noble Lord says. However, noble Lords will remember some of the reasons why large screen events were excluded. First, there is no consistency in when they can happen; and, secondly, the arrangements between organisers, the police and local authorities were felt to be a better way of managing them and getting agreement on when and if they should occur. Of course, it is always open to the noble Lord to raise any changes in legislation, if and when there is a passing bus onto which he can jump.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Sep 10 - 03:05 PM

http://www.ukwirednews.com/news.php/87022-Noise-concern-over-late-night-closing-times-for-village-pub

Wraxall and Failand Parish Council leaders have written to residents in the village giving them details of who to complain to if they are disturbed by noise as a result of functions at the Old Barn.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Sep 10 - 04:58 AM

http://www.camdennewjournal.com/news/2010/aug/lord-stanley-pub-bids-upstairs-licence

Brian Looney, who shares a party wall with the pub, said revellers had at times been caught "peering directly into my home" from its terrace, which he described as "an unspeakable intrusion into my privacy". And Laura Bacharach, former beauty editor at Cosmopolitan magazine, said: "At present it is possible to hear conversation from the pub in our bedroom and sitting room since the walls are adjoining and not soundproofed. Anything louder would be intolerable and seriously affect our quality of life."

A spokeswoman for Punch Taverns, who own the pub, said: "We haven't received any formal noise complaints but would like to reassure the local residents that we will listen to any concerns."

John King comments: It's now the norm for live music applications to receive negative coverage in the local press.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 Sep 10 - 01:46 PM

http://www.ryeandbattleobserver.co.uk/eastbourne-news/Eastbourne-restaurant-not-allowed-to.6506161.jp

This is not going to cause a nuisance," said Chris.
"There will be up to twenty middle-aged and older people enjoying a three-course meal and some jazz music. They will all be gone by 11.30pm at the latest - it is a very low key event.
"The silly thing is, we actually have a licence to serve alcohol until 12.30am and can play disco music.

"It is only because we are having a jazz singer that we need to apply for this licence."
Chris and Bo will have to cancel the singer and refund the deposits the customers have paid for their tickets.
He added, "There will be disappointment among our customers who had bought tickets and it all seems so unnecessary."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Sep 10 - 02:10 PM

http://www.prweek.com/uk/news/968012/Local-Government-Association-Group-plans-consolidate-comms-functions/

18 November 2009.

The Local Government Association (LGA) is carrying out a review of its comms functions as it looks to implement significant consolidation, reflecting the drastic cuts being considered by its members.

The LGA Group is made up of the LGA, the Improvement and Development Agency (Idea), Local Authorities Co-ordinators of Regulatory Services (Lacors), Leadership Centre & Local Government Employers (LGE).

All of these have their own decentralised comms functions, but are likely to be merged as a result of the review.

LGA programme director for media and public affairs Iain Wilton said: 'It's part of a process of getting closer together across the LGA Group. It's all about improving co-ordination of services and looking at options for consolidation across the group.'

Although numbers have not been confirmed, it is thought the LGA's comms staff could drop from 50 to about 37 should the centralisation go ahead. Wilton said an announcement would be made next Monday.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Sep 10 - 01:58 PM

http://mobile.bucksfreepress.co.uk/news/8365485.Pubs__threatened__by_neighbours_complaints/

THE survival of three pubs in Wooburn Green is being threatened by neighbours' complaints about noise and live music, say landlords.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Sep 10 - 12:28 PM

http://www.shieldsgazette.com/south-shields-news/Fears-over-pub39s-live-music.6506453.jp

The opponents have the support of Coun George Elsom, the Real Independent representative for the Cleadon Park ward.

He says: "There have already been problems with this establishment when they had a wedding reception.

"These problems were relayed to environmental health officers and to Northumbria Police.

"I believe that if the application is granted, we will get an increase in disorderly, criminal conduct, vandalism, anti-social behaviour, as well as more litter."

Committee members will be told that Northumbria Police have raised no objections to the proposals.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Sep 10 - 10:48 AM

http://www.denbighshirevisitor.com/news/denbighshire-news/2010/09/01/row-in-prestatyn-over-noise-from-karaoke-105722-27171729/

Row in Prestatyn over noise from karaoke.

While Mr Schwarz was in the area he was approached by several customers who were annoyed with the neighbour for complaining. And 11 residents have written in support of the licensees.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Sep 10 - 10:41 AM

The Local Government Association has taken the decision not to hire a replacement group director of comms as it prepares for further public sector cuts.

http://www.prweek.com/uk/news/1025341/Local-Government-Association-takes-axe-top-comms-post/

>The news follows the redundancy of 13 staff at the LGA Group earlier this year, as part of a strategy to consolidate comms across the group.<

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Sep 10 - 04:51 AM

http://www.culture.gov.uk/publications/7246.aspx

DCMS Structural Reform Plan

Structural reform plans are the key tool of the coalition government for making departments accountable for the implementation of the reforms set out in the coalition agreement.

No mention here of any reform of licensing laws to make it easier for pubs to host live music in pubs nor any proposal to cut red tape on live music in pubs?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Aug 10 - 11:11 AM

Meanwhile..............out in the real world.

http://www.getsurrey.co.uk/news/s/2077218_remix_bar_no_longer_playing_a_happy_tune

A WOKING town centre bar is counting the cost of a ban on live music events after it was forced to partially close.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Aug 10 - 11:08 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67796&c=1

Again the quote from Local government minister Grant Shapps that "The government is reforming licensing rules to make it easier to play live music in local pubs."

The Home Office is not proposing this and the DCMS remain silent, so what is he referring to?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Aug 10 - 05:47 AM

In response to the concerns raised by Local Government Regulation, the Home Office have confirmed that any proposed changes to the Licensing Act 2003 contained in its consultation "Rebalancing the Licensing Act" will not be brought into force until 2012 at the earliest

http://www.instituteoflicensing.org/

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Aug 10 - 04:41 AM

http://www.morningadvertiser.co.uk/news.ma/article/88181?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Shapps said the Coalition would help pubs by banning the sale of below cost alcohol, reforming licensing laws to make it easier for pubs to host live music and provide expert advice to communities looking to buy pubs.

Where is there any firm proposal from this Govt to reform licensing laws to make it easier for pubs to host live music?

"The new Coalition Government has scrapped Labour's unfair cider tax, will give local residents a community right to buy to save local pubs, will stop unfair selling by supermarkets and is cutting red tape on live music in pubs."

Where is there any firm proposal from this Govt to cut red tape on live music in pubs?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Aug 10 - 01:11 PM

http://www.popall.co.uk/news/general/responsetothehomeofficerebalancingthelicensingact.asp

Poppleston Allen have now responded to the Home Office on their consultation document "Rebalancing the Licensing Act".

It is a fairly hard hitting response as we think that the Government's proposals are badly thought out. We also think they are foolish to rush this through with an inadequate consultation period.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Aug 10 - 07:24 PM

To ask Her Majesty's Government how many licensed premises did not have authorisation to provide facilities for making music on 31 March 2009.[ HL1781]

You ask a simple question and .................

The question seems to be clear enough. The answer is not clear and perhaps this is intentional. DCMS alway went to great pains to explain that there was to be only one licence. The answer gives the impression that there are now two - Premises Licences and Club Premises Certificates.

The Chancellor of the Duchy of Lancaster (Lord Strathclyde):
On 31 March 2009 there were 197,900 premises licences in force and 17,300 club premises certificates in England and Wales. The estimated total premises licences without authorisation for facilities for making music was 145,500, and the total club premises certificates without authorisation for facilities for making music was 11,500 as at 31 March 2009. The estimated total premises licences without facilities for entertainment similar to making music or dancing was 164,500, and the total club premises certificates without facilities for entertainment similar to making music or dancing was 13,500 as at 31 March 2009. Multiple activities can apply to a particular premises.

So can someone explain to me from this answer, on the the 31 March 2009, how many licensed premises there were in total and how many of them were not authorised to provide facilities for making music?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 02:15 PM

http://www.getsurrey.co.uk/news/s/2077257_residents_backing_for_licence_review_pub

It requires one properly made application for a review to take place," said Waverley's licensing manager Paul Hughes.

"Interested parties, as defined under the Licensing Act 2003, have until August 31 to make representations.

"A verification process to determine that each representation meets the Licensing Act definition of 'interested parties' will then take place."

What this means is that most of the representations referred to as being made in support, will not be considered as valid. For example, even regular customers but who may not live close to the pub will not be judged to be 'interested parties'.

(3)"Interested party" means any of the following—
(a)a person living in the vicinity of the premises,
(b)a body representing persons who live in that vicinity,
(c)a person involved in a business in that vicinity,

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 01:25 PM

http://www.conservatives.com/News/News_stories/2010/08/3500_pubs_closed_under_Labour.aspx

Official figures show there was a net closure of 3,530 pubs across England under Labour from 1997 to 2010.

The Government is reforming licensing rules to make it easier to play live music in local pubs.

The jury is still out on this LIBCON coalition Govt over this last bit.............I do wish they would show some urgency and actually come up with some proposals.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 09:44 AM

"76% of pubs and clubs have a licence allowing them to stage live music... Don't trust me, read the report...

The above words in 2009 are from the person responsible for these claims. See the following story and the associated comments which followed.

I would not trust any claim or statistic emanating from the DCMS, who do not actually appear to understand the legislation they are responsible for.

http://www.facebook.com/l/b67ef;www.thepublican.com/story.asp?storycode=64798"

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 06:43 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67781&c=1

Government figures show that there are now only 52,400 premises with a licence for live music. Last year former Licensing Minister Gerry Sutcliffe said there were 83,600 such premises and dismissed claims the Licensing Act had damaged live music as "a myth".

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 05:48 AM

http://www.thisisscunthorpe.co.uk/news/Crown-Inn-landlord-defends-late-licence-plans-despite-residents-objections/article-257750

A BELTON pub landlord has defended his plans to open later and host live music and karaoke events at weekends.

The plans to change the licensing conditions of the Crown Inn have been submitted to North Lincolnshire Council.

But 16 residents have lodged objections, fearing the changes would pose a noise nuisance to the neighbourhood.

John Green, owner of the Crown Inn, said: "The general public think there's going to be lots of late night parties, and that's simply not the case.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 05:42 AM

http://www.eadt.co.uk/news/no_opposition_at_festival_meeting_1_612811

ORGANISERS of a controversial music festival in Suffolk faced an empty room at a public meeting into the event.

PEACE AND QUIET: Cllr Trevor Beckwith was the only attendee at an open meeting into the Waveform Festival

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Aug 10 - 05:28 AM

Full text of Lord Colwyn's questions and government replies:

To ask Her Majesty's Government how many licensed premises did not have authorisation to provide facilities for making music on 31 March 2009.[ HL1781]

The Chancellor of the Duchy of Lancaster (Lord Strathclyde): On 31 March 2009 there were 197,900 premises licences in force and 17,300 club premises certificates in England and Wales. The estimated total premises licences without authorisation for facilities for making music was 145,500, and the total club premises certificates without authorisation for facilities for making music was 11,500 as at 31 March 2009. The estimated total premises licences without facilities for entertainment similar to making music or dancing was 164,500, and the total club premises certificates without facilities for entertainment similar to making music or dancing was 13,500 as at 31 March 2009. Multiple activities can apply to a particular premises.

To ask Her Majesty's Government what changes they are making to the methods of data collection for the Alcohol, Entertainment and Late Night Refreshment Licensing Statistical Bulletin to ensure that future bulletins comply with the Code of Practice for Official Statistics.[ HL1780]

The Chancellor of the Duchy of Lancaster (Lord Strathclyde): The Department for Culture, Media and Sport's official statistics already comply with the Code of Practice for Official Statistics so no methodological changes are needed for the Alcohol, Entertainment and Late Night Refreshment bulletin. The UK Statistics Authority has, however, asked us to provide clarification on how to interpret a specific data item on live music licences. We will do this.

See: http://www.publications.parliament.uk/pa/ld/ldtoday/writtens/23082010.htm#toptop

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 26 Aug 10 - 11:13 AM

The following from Hamish Birchall

Research by the Live Music Forum (www.livemusicforum.co.uk) has revealed that the previous Government inflated the number of live music licences by a massive 60%, and the 2003 Licensing Act resulted in a 74% decrease in the number of licensed premises able to host small-scale performances of live music.

Government answers to questions tabled by Lord Colwyn in July (see below) have confirmed that 145,500 licensed premises do not have authorisation for 'facilities for making music'. Even if a premises is authorised for performances of live music, without the additional permission for facilities, actual performances are likely to be illegal.


John King, musician and member of the Welwyn Live Music Forum, said: "The damage to live music caused by the Licensing Act was carefully covered up by the last Government. DCMS have admitted that there are now only 52,400 premises with live music authorisation. Even this number is hopelessly optimistic as it includes schools, colleges, retirement homes, hospitals, shops, public spaces and closed premises, and is also distorted by a definition of a live music event which included pretty much anything from a pack of carol singing Brownies to a clown playing a comedy trumpet.

"Only 26% of licensed premises can now stage any form of live music, but many of these face further restrictions on the frequency or regularity of performance, the number of performers, bans on amplification, or even the genres of music allowed to be performed. But even that is not the whole truth; a significant proportion of premises licensed for live music don't actually put on any gigs. In 2007 DCMS reported that 43% of premises with music licences have never staged live music and have no plans to do so."

Former Licensing Minister Gerry Sutcliffe announced last year that 83,600 premises were licensed for live music and that claims that the Licensing Act had damaged the live music sector were a 'myth'. Then DCMS Secretary of State Ben Bradshaw stated in Parliament that there had been 'significant growth in the amount of live music'.

With the true extent of the damage finally clear, the Live Music Forum calls on the Coalition Government to move swiftly to implement an entertainment licence exemption so that performances of live music can take place in licensed premises and elsewhere as a normal activity, regulated by existing legislation for public safety and nuisance. In other words, the same treatment accorded to big screen sport by the last government.

The Live Music Forum

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Aug 10 - 01:56 PM

http://moderngov.southwarksites.com/ieListDocuments.aspx?MId=3619

The following comments from John King:

Here's the Don Club applying for a licence variation in order to host live music.

Unfortunately they failed to spot the trick question, and didn't tick the box authorising the provision of facilities for making music. No gigs here then.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Aug 10 - 04:01 AM

http://www.morningadvertiser.co.uk/news.ma/article/88118?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Trade pleas for more time on licensing

    * By Ewan Turney
    * 23/08/2010 08:02

A senior trade figure has made a final plea to the Government to extend the consultation period for its proposed licensing overhaul.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Aug 10 - 08:56 AM

http://www.morningadvertiser.co.uk/news.ma/article/88093?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

The first thing you notice is that this is not a free-wheeling discussion but a box-ticking exercise overseen by five Home Office civil servants. Quite frankly, it feels like a done deal on the major changes — a late-night levy, changes to temporary events notices and the extension of the "voluntary" closure period; we were reminded that this workshop was to discuss how and not if the proposals should take effect. The consultation was more like a post-lunch conference day activity rather than a chance to seriously influence Government policy.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Aug 10 - 08:44 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67735&c=1

A leading licensing lawyer has slammed the Home Office for allowing just six weeks for responses to its plans for licensing reform as "a nonsense".

Barrister Anna Mathias of law firm Joelson Wilson went on to say that the coalition governments' plans are potentially more radical than the Licensing Act itself.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Aug 10 - 07:21 AM

http://www.getsurrey.co.uk/news/s/2076654_harpers_lido_events_objection_not_welcome

ENTREPRENEUR Michel Harper's objection to a bid to hold late night functions at Guildford Lido has been ignored by the borough council.

One wonders how many of the complaints raised to other premises and which cause the licensing authoriy there to go into 'headless-chicken' mode in order to address them, are actually valid.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Aug 10 - 06:54 AM

http://www.nosher.co.uk/news/article/id/45/

It seems that not a day goes by without some argument over a venue and its music license. When will we ever have a definitive answer to the problem?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Aug 10 - 02:33 PM

We really need to avoid trying to suggest that the licensing authorities are requiring things when they're not. It makes our case less than believable if we're accusing them of doing things they aren't.

Point taken but:

A licensee cannot use the excuse that they supplied alcohol to an under-age customer because that is what they requested.

The licensing authority know that even when the applicant asks for something, that it is NOT a condition that should appear in the final licence. They use this as an excuse that in such occasions as this, that it was not them imposing the condition but this will not wash.

The licensing authority is responsible for the legally binding conditions of this and every licence. There is no justification for allowing a condition limiting the number of performers and the licensing authority are perfectly aware of this.

A licensee has no need for conditions such as those in this case which specifically prevent them holding karaoke. They should be able to make such choices as and when, but this choice has been taken away from them. The licensee will face serious penalties should they stray from these.

The idea that the licensing authority have freed up anything is also not really supported. We know why licensees (or the owners) put in such limited applications. It is done only in the hope that the process will proceed quickly. This is by no means an uncommon situation and it should not be defended.

Subject: RE: Licensing consultation announced!
From: IanC
Date: 17 Aug 10 - 11:21 AM

If you read the document, you'll see that (d) above is not a condition but forms part of the proprietor's original application. In fact, the licensing authority - after their hearing - removed the requirement for "no karaoke". From what I can see, the original proposal from the pub was accepted unaltered except that the licensing authority freed it up a bit.

We really need to avoid trying to suggest that the licensing authorities are requiring things when they're not. It makes our case less than believable if we're accusing them of doing things they aren't.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Aug 10 - 10:25 AM

The following condition imposed by Three Rivers Council on The Stag.

D) The prevention of Public Nuisance

Any live music will end no later than 23:00 hours. Doors and windows to be closed when live music is playing. No live music will be played or transmitted to the outside areas. In the event that live entertainment is provided the number of performers will be limited to a maximum of two at any one time. The premises may continue to play incidental music until closing time. Any Live Music to be non-amplified. No karaoke will be played at all in the premises.

http://www.threerivers.gov.uk/GetResource.aspx?file=Stag.doc

Subject: RE: Licensing consultation announced!
From: nickp
Date: 17 Aug 10 - 05:56 AM

Maybe a quango (post 04:47) but in the article:

"The taskforce is time limited and will report to Ministers early in 2011. The chair and members will be unpaid."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Aug 10 - 05:52 AM

http://www.yorkpress.co.uk/news/8335529.Row_over_Grays_Court_alcohol_licence_application/

But the application by the property's owners, Helen Heraty and John Edwards, has drawn a wave of objections from people living nearby, and from the Dean and Chapter of the Minster, who claim the noise created would "severely damage the setting and relative tranquillity" of the area around the cathedral.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Aug 10 - 04:47 AM

http://www.cabinetoffice.gov.uk/newsroom/news_releases/2010/100817-redtape.aspx

Not too hopeful this. The first step this Govt takes to deal with red tape - is to set up a quango.........

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 16 Aug 10 - 08:36 PM

I don't think we do our cause any good by implying that music doesn't cause disturbance, or that all complaints are unjustified.

We possibly wouldn't, if that was the implication being made but any complaints about noise should not result in all non-amplified live music being prevented.

It is interesting to note that the Dorchester example was not a licensing hearing but a planning meeting. It shows additional entertainment licensing, which is defended as a way of heading-off potential problems relating to live music in advance - is now expensive duplication of the planning process.

And as any real noise concerns that do actually arise later, can be dealt with by the Environmental Protection legislation - additional entertainment licensing can be scrapped without any adverse affect on the public.

Subject: RE: Licensing consultation announced!
From: Howard Jones
Date: 16 Aug 10 - 02:50 PM

It should nevertheless be borne in mind that these situations arose because of complaints about noise. I don't think we do our cause any good by implying that music doesn't cause disturbance, or that all complaints are unjustified.

Nevertheless, I fail to see why live music should be more objectionable than recorded music. Surely the problem is the volume, rather than the source.

What we should continue to challenge is the assumption that live music = amplified music = nuisance.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 16 Aug 10 - 12:05 PM

http://www.surreyherald.co.uk/surrey-news/news-surrey/2010/08/16/apps-court-accuses-council-of-harrassment-86289-27071601/

DIRECTORS of Apps Court Farm in Walton say they are being 'victimised and harrassed' by Elmbridge Council after being singled out for noise abatement notices and 'threats' of £20,000 fines.

The farm in Hurst Road has been battling the council for the right to continue its popular Sunday car boot sales, and received the noise abatement notice in July after holding a private event which received seven complaints from residents in Sunbury.

However, under information revealed in a Freedom of Information Act request by the Herald on Thursaday (August 6) other venues including Mercedes Benz-World, in Weybridge, Imber Court, in Molesey, Esher Rugby Club, in Hersham, Sandown Park, in Esher, and Painshill Park, in Cobham, have never received a noise notice or been faced with a fine despite having several complaints.

John King comments: Elmbridge Council using Noise Abatement Notices to stop events whenever a nasty neighbour complains. (see page two for the reply to the FoIA request)
Eventually, there won't be any events anywhere.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 16 Aug 10 - 11:56 AM

http://www.dorsetecho.co.uk/news/8329460.Extra_Time_for_Dorchester_Town_FC_marquee/

Officers recommended temporary permission for three months with conditions not to use the marquee after midnight, no live music and a limit on amplified music and the recommendations were approved by members.

This is good example of why entertainment licensing as currently practiced by local authorities is continuing to present the biggest single danger to the health of live music.

The employees are not content with a ban after midnight, and a noise limiter. How can a total ban on all live music, including non-amplfied live music be justified or indeed legal?