Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 Aug 10 - 05:46 AM

http://www.morningadvertiser.co.uk/news.ma/article/87903?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Aug 10 - 04:33 AM

In the lack of any firm proposals on the long promised reform of live music licensing, what we do have is this.

Date: 28/07/2010
Author/Solicitor: Jeremy Allen

The Home Office has published a consultation entitled "Rebalancing the Licensing Act". It talks about empowering individuals' families and local communities to shape and determine local licensing. Whilst it starts by praising licensed premises working with the police to reduce alcohol related harm, mentioning BIDs and BBNs, it then goes on to make suggestions for improving the licensing system, which will make most licensees' hair stand on end. The changes suggested could have a bigger impact than those made when the Licensing Act 2003 came into force. That was consulted upon and took around five years to come into force. Here the response is required by the 8th September and the intention appears to be to legislate as soon as possible using the Police Reform & Social Responsibility Bill, which will be produced later this year.

In this eNews, I will attempt to highlight the Government's proposed measures for change with a few of my own initial comments. In future eNews, I hope to deal in more detail with some of the proposals:

• Give licensing authorities the power to refuse licensing applications or call for a licensing review without requiring relevant representations from a responsible authority

- A major change with licensing authorities being able to rule on their own representations. It is additionally proposed that the authority will have to accept all representations from the police, and adopt all their recommendations, unless there is clear evidence that they are not relevant.

• Remove the need for licensing authorities to demonstrate their decisions on licences "are necessary" for (rather than of benefit to) the promotion of the licensing objectives.

- The Government is consulting on shifting the onus onto applicants to show how their licensing application will impact on the local area.

• Reduce the evidential burden of proof required by licensing authorities in making decisions on licence applications and reviews

- Making it much easier to take decisions which may impact adversely on the licensed trade. There are a number of proposals which would give the licensing authority much greater powers to make decisions that would be difficult to challenge. There are proposals to affect the appeal process to reduce the number of appeals that go to Magistrates. In addition, and very surprisingly, there is a proposal that the licensing authority's decision should take immediate effect pending any appeal. If the licence was therefore revoked, no trading could take place prior to the appeal being heard.

• Increase the weight licensing authorities will have to give to relevant representations and objection notices from the Police.

• Simplify Cumulative Impact Policies to allow licensing authorities to have more control over outlet density

- The Government feels that there are too few CIPs - only 129 in March 2009 - it believes that the evidential requirement is too high and should be reduced. It is worth remembering that Cumulative Impact Policies weren't even included in the Licensing Act 2003 but were introduced by local authorities. There legitimacy has never properly been challenged.

• Increase the opportunities for local residents or their representative groups to be involved in licensing decisions without regard to their immediate proximity to premises -

They will remove any need for residents to be within the vicinity. This could raise the possibility of an organisation objecting to licences all over the Country. The government also proposes to increase the definition of interested parties to include school governors, housing associations and registered social landlords.

• Enable more involvement of local health bodies in licensing decisions by designating health bodies as a responsible authority and seeking views on making health a licensing objective

- It is difficult to see what representations health bodies could make unless health is a licensing objective. This would follow Scotland.

• Amend the process of appeal to avoid the costly practise of rehearing licensing decisions

- This would give licensing authorities almost complete control over the whole process of licensing without it being capable of being challenged. It is difficult to see how this proposal will be compliant with Human Rights' Legislation and European Community Law.

• Enable licensing authorities to have flexibility in restricting or extending opening hours to reflect community concerns or preferences

- The Crime & Security Act 2010 - if it comes into force - would enable local authorities to restrict the sale of alcohol between 3am and 6am. The suggestion is to amend this to enable local councillors to decide between which hours (e.g. from midnight to 6am) they would like to prevent premises from opening. If the Crime & Security Act is used, this would mean all premises having to close between those hours rather than allowing, say, night clubs to operate later than pubs.

• Repeal the unpopular power to establish Alcohol Disorder Zones and allowing licensing authorities to use a simple adjustment to the existing fee system to pay for any additional policing needed during late night opening

- ADZs were always difficult, so the new proposal will make it easier to cover all premises selling alcohol and will also pay for the police and possibly taxi marshals and street cleaning etc.

• Substantial overhaul of the system of Temporary Event Notices to give the police more time to object, enable all responsible authorities to object, increase the notification period and reduce the number that can be applied for by personal licence holders

- Bang goes the power to reduce the application period for a Temporary Event Notice, in fact longer periods of notice are proposed, e.g. pub/ off licence, one month instead of the current ten working days. It suggests the police period of objection could be extended to five working days and allow other responsible authorities to object using the licensing objectives.

• Introduce tougher sentences for persistent underage sales.

• Trigger automatic licensing reviews following persistent underage sales

- In other words, there will be an automatic licensing review regardless of whether the police think it necessary. There is also a suggestion that the 48 hour closure notice should be increased to 168 hours or seven days.

• Enable local authorities to increase licensing costs so that they are based on full cost recovery

- No surprise here. Mention made of the Elton Report proposing increases in licensing fees but surprisingly no mention of the Government contributing some ?£50 million to the shortfall! No surprises that the increase in fees should be based on full cost recovery so, if you are in an area where the local authority takes greater action, you could be paying more.

• Enable licensing authorities to revoke licences due to non payment of fees

- This goes back to the old system of automatic revocation of a licence if the fee wasn't paid on time so, if you don't pay the fee for whatever reason, then you lose the licence.

• Consult on the impact of the Mandatory Licensing Conditions Order and whether the current conditions should be removed

- They will probably still come into force but could be scrapped later.

I make no apologies for the fact that this eNews is much longer than most. The proposals would, if implemented, signal the most radical change to licensing laws ever attempted in the shortest possible time.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jul 10 - 09:37 AM

http://www.culture.gov.uk/news/news_stories/7322.aspx
Programme for Government: your responses
30 July 2010
We respond to your comments on the Programme for Government.
We recognise that the licensing regime may deter certain venues from putting on live music and we are committed to cutting red tape around this and possibly other types of performance such as street theatre. We want to do this as quickly as possible, but we think there may be broader and more radical solutions than those being suggested already.

http://www.theyworkforyou.com/debates/?id=2010-06-21b.5.0
Oral Answers to Questions — Culture, Media and Sport
House of Commons debates, 21 June 2010
John Penrose (Parliamentary Under Secretary of State, Culture, Olympics, Media and Sport; Weston-Super-Mare, Conservative)
My concern is that my hon. Friend's proposal goes for a particular solution when there might be a broader and potentially more radical solution that should also be considered. If we go for other alternatives, we will need to consult on them, but if we decide to go down the route of ideas that have already been thoroughly canvassed, I would obviously want to move as fast as possible and reduce the level of consultation to the bare legal minimum.

The situation is the same now - as it was prior to this process, on 21 June 2010.

Once again mention is made to a 'broader and potentially more radical solution'. But still no one has been informed of what this might be.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 10 - 03:32 PM

http://www.instituteoflicensing.org/article_id/1000454/2010/07/29/MPs+back+Motion+for+live+music+at+small+venues.html

Thirty-two MPs have so far signed an Early Day Motion tabled by John Whittingdale MP who chairs the Culture, Media and Sport Select Committee. The Motion urges Government "to bring forward proposals for an exemption to the Licensing Act for audiences of 200 to tackle the negative impact with regards to small venues hosting live performances."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 10 - 03:19 PM

http://www.culture.gov.uk/news/news_stories/7322.aspx

Live Music
We also received comments on the Live Music Bill and the 2003 Licensing Act. All comments asked for the repeal of some restrictions on live music.

We recognise that the licensing regime may deter certain venues from putting on live music and we are committed to cutting red tape around this and possibly other types of performance such as street theatre. We want to do this as quickly as possible, but we think there may be broader and more radical solutions than those being suggested already.

We will, of course, consult those who may be affected by any new proposals, and ensure that we do not remove necessary protections for local residents and businesses.

I think we have little choice but to view The Home Office review as if nothing else has changed. For nothing is proposed - is it? This despite the DCMS consultation process being completed some time ago.

We have consultations on just about everything but again an obscure reference to 'more radical' solutions is hinted at but whatever this may be, there appears to no talk of any consultation on this.

There is also no hurry to address an area where all of the reports agree there to be a problem being presented to small-scale live music but the Home Office are rushing to address an area where the facts are not in support of what is claimed to be the situation.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 10 - 06:44 AM

http://www.itgen.co.uk/occold/nvh/noisenotice.pdf

It is with great regret that we inform you that, because of complaints by a resident from within the village, and possible enforcement of a Statutory Noise Abatement Notice issued by Mid Suffolk District Council Environment Health Department, and a possible breach of Planning Conditions, ORAC have found it necessary at this point in time, to strictly regulate the provision of amplified or live music at any functions held within the village hall.

These halls are for the use of the community they are not built for just looking at.

There is no such thing as an alcohol licence. All the measures proposed by the Home Office to deal with alcohol related crime, will also apply to anyone who needs a Premise Licence, even when they do not serve alcohol or open late.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 10 - 06:30 AM

http://www.burtonmail.co.uk/News/Pub-landlord-fears-for-his-licence-over-complaints.htm

Pub landlord fears for his licence over 'complaints'
A FRUSTRATED landlord in Burton fears his licence will be revoked following what he claims is a catalogue of "unfair and unfounded complaints".

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 10 - 05:58 AM

http://www.morningadvertiser.co.uk/news.ma/article/87882?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Home Office minister James Brokenshire
"The majority of pubs and bars are well run businesses but the Government believes the system needs to be rebalanced in favour of the local communities they serve, with tougher action to crack down on the small number of premises who cause problems."

Translated: In a vain attempt to satisfy those who still read the Daily Mail and despite the statistics, the LGA Group lobby will be given yet more powers to further over-regulate and penalise the law-abiding majority in our local communities in a vain attempt to address the already illegal activities of a minority, which no one appears to have any idea on how to prevent.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 02:19 PM

http://liberalconspiracy.org/2010/07/29/governments-claim-on-alcohol-crime-blown-apart/

Government's alcohol crime claims fall down.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 12:49 PM

What exactly is going on?

The following comment from John King

Is 'binge drinking' on the increase? No.
Are there more licensed premises? No.
Is alcohol related crime rising? No.

http://www.straightstatistics.org/article/britain-really-drowning-booze

Everybody knows that drinking in the UK is out of control, driven by a combination of feckless consumers and complacent supermarkets offering cheap deals. But is everybody right?

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 29 Jul 10 - 12:43 PM

The Following from Hamish Birchall

The Home Office yesterday announced a six-week consultation on radical reform of alcohol licensing. The aim is to give more power to the police and local authorities to tackle alcohol-related crime:
http://www.homeoffice.gov.uk/crime/alcohol-licensing/

Leading licensing lawyer Jeremy Allen said: 'The proposals would, if implemented, signal the most radical change to licensing laws ever attempted in the shortest possible time.' See: http://www.popplestonallen.co.uk/licensingapplications/thegovernmentsproposalsforlicensingreform.asp

'10 key points' on the government's proposed alcohol licensing reforms by the Morning Advertiser:
http://www.morningadvertiser.co.uk/news.ma/article/87865

However, the proposals do not appear to affect the Coalition's plans to relax entertainment licensing for small gigs. Regulated entertainment remains the responsibility of DCMS. The Home Office consultation document includes this statement:

'The Government will be consulting separately on the Coalition's proposals to deregulate live music and similar performances.'
Source: 'Rebalancing the Licensing Act: a consultation on empowering individuals, families and local communities to shape and determine local licensing,' Executive Summary, para 1.01, p4. See PDF file: http://www.homeoffice.gov.uk/publications/consultations/cons-2010-licensing-act/alcohol-consultation?view=Binary

In the House of Commons on Monday 26 July, licensing minister John Penrose would not be drawn when asked to give a date for reform of the Licensing Act to exempt small gigs.

Chris Heaton-Harris, the Conservative MP for Daventry, said: 'I wish to press my hon. Friend because I would like a date or time scale for the removal of these measures, which were introduced in the Licensing Act 2003 and which have been so detrimental to live music.'

Penrose replied: 'I am afraid that I cannot give my hon. Friend a precise date, if only because the devil is in the detail. I can only assure him that we are working through these measures as quickly as possible. A number of stakeholders - as the jargon has it - have to be consulted, and today I had meetings with people from the Local Government Association and Local Government Regulation in order to ensure that all the relevant people have been consulted. We will do it as fast as we can.'

See Hansard: http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100726/debtext/100726-0001.htm

And trade press coverage: http://www.thepublican.com/story.asp?sectioncode=7&storycode=67577

I asked the DCMS press office earlier this afternoon to confirm whether or not an entirely new public consultation on an exemption for small gigs was planned. At the time of writing DCMS had not replied.

It may be that when the Home Office says the government will be 'consulting separately' for live music this does not mean repeating the public consultation on a small gigs exemption that was concluded earlier this year by the previous government.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 07:22 AM

Speaking to Full Fact, a Home Office spokesperson acknowledged that Ms May's quote "should have referred to the proportion of crimes, rather than the number."

Of course now that the papers have supported the error, it is too late. Just like the last 'reform' undertaken by the previous Govt, the whole thing is based on prejudice rather than fact.

Sadly just about the only good thing about the last reform, the removal of the ability for local authorities to increase fees, looks set to be returned to them.

In fact it would appear that the LGA Group lobby will be given whatever they ask for.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 05:55 AM

Home Secretary Theresa May today claimed that the years following the change to licensing laws saw a rise in alcohol related crime. However when Full Fact investigated we found the figures hard to swallow...

http://www.fullfact.org/articles/home_office_retracts_alcohol_crime_claim

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 05:47 AM

All UK legislation published on one site.

http://www.legislation.gov.uk/

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 03:45 AM

http://www.morningadvertiser.co.uk/news.ma/article/87869?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

The transfer of responsibility for licensing to the Home Office should free up the culture department to positively promote pubs, trade leaders argue.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jul 10 - 03:03 AM

http://www.morningadvertiser.co.uk/news.ma/article/87866?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Drinks giant Diageo has backed the Government's tough plans for licensing

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 01:50 PM

http://www.licentiouslaw.co.uk/all-change-again-rebalancing-the-licensing-act

ALL CHANGE (AGAIN): REBALANCING THE LICENSING ACT
Jul 28th, 2010
by Maria Guida.

Theresa May, the Home Secretary has published a consultation paper today entitled, "Rebalancing the Licensing Act." Whilst the consultation paper starts positvely, acknowledging licensed premises working with the police to reduce alcohol related harm and mentioning the acheivements of Business Improvement Districts and Best Bar None, it then goes on to make suggestions for improving the licensing system, which will make most licensees' toes curl.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 11:27 AM

This thread has wandered a little since it was first titled. It now moves back on topic again. Now the consultation is with the Home Offce, whilst we still await the result of the DCMS consultation

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

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 11:19 AM

Sorry the last post was from me.

Home Office seek views on Rebalancing the Licensing Act

http://www.instituteoflicensing.org/article_id/1000452/2010/07/28/Home+Office+seek+views+on+Rebalancing+the+Licensing+Act.html

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 28 Jul 10 - 11:08 AM

Home Secretary Theresa May is set to outline the plans in a key speech on anti-social behaviour this morning but she has already said that the licensing regime has failed.

"The benefits promised by the 24-hour drinking cafe culture have failed to materialise and we have seen an increase in the number of alcohol-related incidents and drink-fuelled crime and disorder," said May

"We know the majority of pubs and bars are well-run businesses but the government believes the system needs to be rebalanced in favour of local communities with tougher action to crack down on the small number of premises who cause problems."

If this is the case, the proposals will do nothing to address the problems referred to. It is just another case of the majority having to suffer yet more cost and over regulation under legislation which has no effect on the few who cause problems.

The whole 24hr licensing issue is bogus. We already have 24 hr drinking with the ability to buy alcohol from supermarkets.

The cash cow is to be returned to local authorities and this proposal is music to the ears of the the LGA lobby and to the few who spend most of their live writing complaints about everyone else.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 07:47 AM

Mr Murray says he believes granting of this application would be in conflict with the Licensing Board's objective to protect and improve public health and the objective to protect children.

http://www.stornowaygazette.co.uk/news/Golf-Club-Sunday-License-to.6437025.jp

This is what happens in Scotland - where the Licensing Act (Scotland) 2005 allows objections on the grounds on 'public health'.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 07:37 AM

Licence fees will be increased, the plans say, so councils can "cover costs linked to enforcement, leaving premises to pay rather than the local taxpayer".

So a cafe serving no alcohol, not opening late but needing a Premises Licence to provide live music - is going to pay less?

And will schools also be paying more, when the enforcement costs of their Premises Licence are so small?

Why should any fee increase based on so-called enforcement costs and based on the premises which serve alcohol and open late, be paid by premises which do not?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 05:47 AM

http://www.morningadvertiser.co.uk/news.ma/article/87860?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Licensing expert Peter Coulson said a rise in licensing fee costs would cause deep concern to the trade. "The Local Government Association has been complaining from the start of the new licensing laws (in 2005) that the fees do not cover their costs.

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

As there is now only a premises licence, any fee increase and for whatever reason - can only further deter live music.

Unless there are any plans to restore an alcohol only licence - this can only be yet more bad news. What a mess!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 04:38 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67585&c=1

Plans to hike licence fees, clampdown on Temporary Event Notices (TENs) and scrap Alcohol Disorder Zones (ADZs) are included in the coalition's bid to tear-up the licensing regime.

Full details of the Home Office consultation are being unveiled today – and appear to go well beyond what the government had previously announced.

Licence fees will be increased, the plans say, so councils can "cover costs linked to enforcement, leaving premises to pay rather than the local taxpayer".

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 04:29 AM

http://www.morningadvertiser.co.uk/news.ma/article/87857?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Residents and local authorities will be able to object to a licence if they believe it will or is having an adverse effect on public health under a major shake-up of the country's licensing laws.

May: leading licensing shake-up

Higher licensing fees, a late night levy to pay for police, tougher restrictions on the use of temporary event notices and giving residents even more powers to object to licences will all also form part of the Government's plan to overhaul the licensing regime.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jul 10 - 04:03 AM

http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=41503&SESSION=905

The number of MPS is now 30.

There is time during their break to write to your MP and ask them to sign on their return.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 10 - 02:08 PM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67577

Live music reform plans being kept under wraps
27 July, 2010

By James Wilmore

Minister says options being considered 'as quickly as possible'

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 10 - 07:14 AM

http://www.publications.parliament.uk/pa/ld/ldcumlst.htm

Lord Colwyn 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

Lord Colwyn 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

Answers due 9 August 2010.

The following comment from John King;

The point to Lord Colwyn's Question HL1781 is:

It has come to light that of the 83,600 premises with live music authorisation - 31,400 of these do NOT have licensed facilities for making music.

This means that the number of premises without... authorisation for live music is THRIVING.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 10 - 05:23 AM

Live music reform plans ramped up

http://www.morningadvertiser.co.uk/news.ma/article/87845?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 10 - 03:33 AM

Of course this condition also applies and prevents all non-amplified live music.

Except of course, music for Morris dancing, for which the Act has a specific exmption for (based presumably on the genre).

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 10 - 02:16 AM

http://www.hampshirechronicle.co.uk/news/winchester/8292275.New_hall_given_green_light_to_sell_alcohol/

The following from John King;

Yes, it can sell alcohol. Music? Forget it. No music after 9:00pm - plus a noise limiter - plus a device attached to the exits which cuts the power supply to the musicians (possibly killing them in the process).

Of course this condition also applies and prevents all non-amplified live music.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 06:26 PM

http://www.thewestonmercury.co.uk/content/twm/news/story.aspx?brand=Westonmercury&category=news&tBrand=westonmercury&tCategory=z

The following comment from John King:

A premises with a 'genre restriction' in the er... Licensing Minister's constituency. No dance music allowed. Does that include Morris Dancing?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 04:45 PM

A number of stakeholders—as the jargon has it—have to be consulted, and today I had meetings with people from the Local Government Association and Local Government Regulation in order to ensure that all the relevant people have been consulted. We will do it as fast as we can.

A statement? What this translates into is:

After all the stalling and all the consultations that have already been required by the LGA Group lobby - we will do what the LGA Group lobby will allow us to do and at a time when it suits them.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 02:36 PM

http://www.publications.parliament.uk/pa/cm/cmtoday/cmdebate/01.htm#d2e696

Licensing Act 2003
11. Chris Heaton-Harris (Daventry) (Con): Whether he plans to bring forward proposals to exempt from the provisions of the Licensing Act 2003 live performances at small venues; and if he will make a statement. [10680]

The following from John King:
Chris Heaton-Harris is MP for Daventry where the Headmaster of Danetre School was threatened with imprisonment for putting on the musical "We Will Rock You" without permission from the Council. The school has now wasted over £1,000 advertising the premises licence application in the media.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 12:16 PM

"It's important that the trade's voice is heard at all of these consultations and licensees, particularly those located in the designated towns, really should do all they can to get along to one of the sessions," said Lee Le Clerq, the British Beer & Pub Association's north of England secretary.

"It's worth noting that every seat not occupied by a licensee will be taken by a health professional or a police officer who will tell the Home Office exactly how your pub should be run."

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67570&c=1

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 12:01 PM

Kind of important to understand that this EDM is not just about music. It seeks to widen MPs' approach to include all "live performances".

Does that mean that live music making, which is not 'performance' is not covered by the proposed exemption and that this will still be licensable and that only 'performance' is to be exempt?

I suggest that the word 'performance' should be dropped from legislation. It is not defined and that as the Act has extended additional entertainment licensing permission beyond what was once generally understood as entertainment, that the word 'performance' now simply causes even more confusion.

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67563&c=1

Subject: RE: Licensing consultation announced!
From: IanC
Date: 26 Jul 10 - 05:16 AM

Kind of important to understand that this EDM is not just about music. It seeks to widen MPs' approach to include all "live performances".

:-)

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 05:03 AM

http://www.morningadvertiser.co.uk/news.ma/article/87829?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

MPs back live music exemptions

    * By Gemma McKenna
    * 26/07/2010 09:46

Twenty-one MPs are backing calls to let pubs host live music without a specific licence for audiences of up to 200 people.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 10 - 02:58 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67560&c=1

So, the country will soon be rid of the scourge of 24 hour pubs thanks to the campaigning efforts of the Daily Mail. Hurrah!

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 25 Jul 10 - 06:46 AM

The following from Hamish Birchall

Conservative MP John Whittingdale, chair of the all party Culture Media and Sport Committee, has tabled an Early Day Motion calling on the government '... to bring forward proposals for an exemption to the Licensing Act for audiences of 200 to tackle the negative impact with regards to small venues hosting live performances.'

Intriguingly, Labour members make up the majority of the 21 MPs who have signed so far.

EDMs are rarely debated, but can generate useful publicity for a cause, especially if signed by a large number of MPs. Why not ask your MP to sign, if they have not already done so? Contact via www.theyworkforyou.com (identifies your MP from your postcode).

In May 2009 the CMS Committee concluded its public inquiry into the Licensing Act. It found that the Act had harmed small scale performances, and recommended that new exemptions should be introduced for live music in venues with a capacity of up to 200, and for one or two unamplified performers:
http://www.publications.parliament.uk/pa/cm200809/cmselect/cmcumeds/492/492.pdf

Lord Clement-Jones' new live music bill would, if successful, implement an exemption for gigs with an audience of up to 200 and allow unamplified live music without a restriction on the number of musicians. Its 2nd reading debate has not yet been scheduled, but may take place later this year:
http://www.publications.parliament.uk/pa/ld201011/ldbills/012/11012.1-i.html

Cutting red tape for live music is a Coalition government commitment:
http://www.cabinetoffice.gov.uk/media/409088/pfg_coalition.pdf [see p14]

Responsibility for licensing is now shared between the Home Office (alcohol) and DCMS (regulated entertainment). DCMS licensing minister John Penrose recently hinted in Parliament at a 'radical' solution for live music (21 June):
http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100621/debtext/100621-0001.htm

Full text of John Whittingdale's EDM 546 'Live performances':

'That this House celebrates the cultural value of live performances in enriching and entertaining communities; notes that small venues hosting live performances are the bedrock of the entertainment industry, providing opportunities for artists to begin their careers; is concerned that the implementation of the Licensing Act 2003 has meant that there has been a decline in the number of small venues wishing to put on live performances; and therefore calls on the Government to bring forward proposals for an exemption to the Licensing Act for audiences of 200 to tackle the negative impact with regards to small venues hosting live performances.'
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=41503&SESSION=905

General EDM info:
http://edmi.parliament.uk/EDMi/Default.aspx

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 25 Jul 10 - 03:14 AM

http://www.guardian.co.uk/world/2010/jul/24/love-parade-festival-tunnel-stampede?utm_source=twitterfeed&utm_medium=twitter

This is a terrible incident of course but good timing for idiots like our friend Cllr White who will no doubt use it to continue justify the type of LA stupidity contained in the St Albans report.

Over-regulation too has its dangers. Those contained in the Licensing Act 2003, which Cllr White would defend as the only way that small scale of live music (and live music only) can safely take place, would not have prevented an incident like this. This was taking place at the opposite end of the scale and involving vast crowds of people. The potential dangers of all such gatherings would not have been unforseen and measures would have no doubt been taken in advance to deal with these.

Sadly, this time these measures quite clearly did not prevent the deaths and injuries and we will have to wait to establish the reasons for this.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jul 10 - 06:08 AM

Are possible 'crowd surges' as likely (if not more so) for TV pub sport? Measures to deal with this, outwith the Licensing Act, are thought adequate.

So what evidence is Cllr White presenting to support his claims about live music, first that there is such a problem and secondly that additional entertainment licensing is the only way to deal with it and that its proposed removal for small (and already safe) premises would result in an increase in the problem he refers to?

The chances of additional entertainment licensing as contained in the Licensing Act 2003 being extended to cover the provision of TV sport is most unlikely. This recognises the political clout of that lobby.

However, it should not be too difficult to create a level-playing field where any risks arising from live music are treated the same and no longer singled-out for special attention and the type of 'scare-mongering' so common in the damaging statements of the LGA Group.

Sadly these statements continue to be damaging. Folk without all of the information tend to accept that those in influential positions (like Cllr White, the LGA Group and some individual licensing employees) not only know what they are talking about but are an impartial voice, with only the public's interest at heart.

None of which are in fact true. What is becoming a truth is that it is this lobby which is presenting the main and serious threat to the good health of all live music. If demonstration of this is needed, then look no further than the following Report.

http://www.musictank.co.uk/reports/licensing-act-2003-case-study-st-albans-district-council

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jul 10 - 03:03 PM

You can find and contact your MP here.

http://www.theyworkforyou.com/mps/

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jul 10 - 06:43 AM

The whole process of locally devolved additional entertainment licensing is now expensive duplication.

Planning Legislation already deals in advance with any concerns about the premises.

The Envirinonmental Protection Act already deals with any actual problems that may occur with the premises.

Subject: RE: Licensing consultation announced!
From: pavane
Date: 23 Jul 10 - 06:24 AM

Perhaps we could point out that the needless beaucracy involved in operating the scheme (issuing TENs, for example) is an example of waste which could easily be cut from LA's budgets.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jul 10 - 06:15 AM

Another Parliamentary Early Day Motion for you to ask your MP to sign and support.

http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=41503&SESSION=905

EDM 546    LIVE PERFORMANCES19.07.2010

Whittingdale, John
That this House celebrates the cultural value of live performances in enriching and entertaining communities; notes that small venues hosting live performances are the bedrock of the entertainment industry, providing opportunities for artists to begin their careers; is concerned that the implementation of the Licensing Act 2003 has meant that there has been a decline in the number of small venues wishing to put on live performances; and therefore calls on the Government to bring forward proposals for an exemption to the Licensing Act for audiences of 200 to tackle the negative impact with regards to small venues hosting live performances.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Jul 10 - 01:03 PM

http://www.guardianpublic.co.uk/hunt-dcms-arts-budget-cuts

>Hunt to cut his own department by half.

Culture secretary Jeremy Hunt has submitted plans to the Treasury proposing deep cuts in staff and a move to smaller government building

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Jul 10 - 07:02 AM

http://www.morningadvertiser.co.uk/news.ma/article/87795?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Moving control of licensing to the Home Office will mean a "more consistent approach" to the issue is taken, according to a Government minister.

Brokenshire: plans changes in licensing

Earlier this week it was confirmed that responsibility for licensing will switch from the Department for Culture, Media & Sport (DCMS) to the Home Office, except around regulated entertainment.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Jul 10 - 06:15 AM

White told the MA: "If you want a crowd surge and injured teens, then go ahead (with the Bill)."

Responding to the view that pubs shouldn't need a licence for live music as they don't for football, White said: "A local pub that decides to show the World Cup final does not attract football-lovers from all around.

"But a band might announce on Facebook or Twitter that it's appearing at a certain pub, and fans will come for miles around.

The LGA group's continuing prejudice against live music is as irrational as it is damaging.

Their stated position is that they are against a re-introduction of 'de minimus' exemption for small scale live music and continue to lobby against this.

As they do not continue to lobby for any change to this, the assumption must be that they are in favour of the many illogical exeptions which already do litter this Act. The most important one being the one that Cllr White tries and fails to defend, the exemption for live TV sporting events.

Cllr White's resignation from his influential role at the LGA would be a good start. His Lib Dem leader and now deputy PM is in support of measures in a Bill which Cllr White has declared to be "a very ignorant bill".