Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 May 10 - 02:43 PM

http://www.worcesternews.co.uk/news/8184671.Venue_wants_council_to_call_time_on_flats_plan/

THE owner of one of Worcester's most popular live music venues has opposed plans to built flats directly opposite – unless soundproofing and ventilation work is included in the scheme.

Subject: RE: Licensing consultation announced!
From: Dennis the Elder
Date: 27 May 10 - 12:56 PM

The report states "She said: "There was no discussion, no shot across the boughs, nothing." If this is true then she should complain to the Chief Environmental Officer or equivalent or to her Local Authority Councillor or preferably the leader of her council.
I am very surprised to hear that there was no discussion.
Having been involved in the service of a few of these notices my self, I would not consider service of notice unless all other avenues, to solve the problem, had been exhausted.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 May 10 - 08:50 AM

http://www.hastingsobserver.co.uk/newshastings/Pubs-hit-out-over-councils.6311371.jp

A furious landlady has hit out at the council after she was told her pub was too noisy.
Stephanie Beale of The Marina Fountain, Caves Road, St Leonards, was stunned to be served with a noise abatement order by Hastings Borough Council and publicans across the town agree the authority's approach has become too harsh.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 May 10 - 07:56 AM

The following from Phil Little.

DCMS told me Small Gigs Consultation will be published after website has been overhauled.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 May 10 - 11:05 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1041224&c=1
11:05 | Thursday May 20, 2010
By Robert Ashton

Live music won't be sidelined by the new Government, which in its first detailed programme has promised to "cut red tape" to encourage more performances.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 May 10 - 05:22 AM

http://www.youtube.com/watch?v=KDdV_gAhbik&feature=youtube_gdata

The new lot at DCMS - on You Tube.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 May 10 - 02:19 PM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67073&c=1

Licensing stays with the DCMS

20 May, 2010
By James Wilmore
Tory John Penrose will have licensing brief

Tory MP John Penrose has been confirmed as the new minster responsible for licensing.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 20 May 10 - 02:02 PM

The following from Hamish Birchall

Conservative peer and jazz trumpeter Anthony Colwyn suggested yesterday that licensing reform is imminent for small gigs, reports Jazzwise magazine from the 6th annual Parliamentary Jazz Awards:
http://tinyurl.com/26qrzcd

Colwyn's speech had ministerial support, according to jazz journalist Sebastian Scotney:

'The only overtly political speech of the night was from Lord (Tony) Colwyn. And it contained a couple of sentences which counted: "[Culture Secretary] Jeremy Hunt will remove the restrictions on small gigs." Colwyn expressed the intention to re-instate the Liberal Democrat's Live Music Bill, and to make it into law. This commitment received the loudest applause of the night. And - maybe more significantly - it also got both a grin and a thumbs-up from Arts Minister Ed Vaizey.'
http://londonjazz.blogspot.com/2010/05/parliamentary-jazz-awards-resultsreview.html

As it turns out, Vaizey does not have the licensing brief. It was announced today that this has gone to DCMS Tourism minister John Penrose. For the moment, it seems, licensing remains a DCMS function: http://www.culture.gov.uk/news/news_stories/7071.aspx

However, well-informed sources within the licensing industry believe that licensing will be transfered back to the Home Office, and that this will be announced in the Queen's Speech next Tuesday, 25th May, although DCMS may retain control of entertainment licensing.

Significantly, it was Home Secretary Theresa May and not Culture Secretary Jeremy Hunt who yesterday announced a 'complete review' of the Licensing Act:
http://www.morningadvertiser.co.uk/news.ma/article/87075

As a shadow licensing minister, Mrs May severely criticised the legislation during Parliamentary debate, including this comment about the changeover to the new regime in 2005:

'The Minister [then James Purnell] should now face the truth and accept the reality of what is happening. He need not accept my word, but he should accept the word of village halls, community centres, clubs and sports clubs throughout the country. He must face the truth, accept the chaos that the Act is causing and do something about it now.' [House of Commons, 12 July 2005]
http://www.publications.parliament.uk/pa/cm200506/cmhansrd/vo050712/debtext/50712-25.htm

But a note of caution: many licensing ministers and several DCMS Secretaries of State have come and gone since the Licensing Bill was first published in November 2002. Some senior civil servants with licensing responsibility, however, have been in post for all that time.

It will take a wily and determined minister indeed to wrest control of licensing from the Sir Humphreys within DCMS and the Home Office.

ENDS

Subject: RE: Licensing consultation announced!
From: nickp
Date: 20 May 10 - 11:04 AM

"We will cut red tape to encourage the performance of more live music."

coalition statement pdf page 14

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 May 10 - 08:36 AM

http://londonjazz.blogspot.com/2010/05/parliamentary-jazz-awards-resultsreview.html

The only overtly political speech of the night was from Lord (Tony) Colwyn. And it contained a couple of sentences which counted: "Jeremy Hunt will remove the restrictions on small gigs." Colwyn expressed the intention to re-instate the Liberal Democrat's Live Music Bill, and to make it into law. This commitment received the loudest applause of the night. And- maybe more significntly - it also got both a grin and a thumbs-up from Arts Minister Ed Vaizey.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 May 10 - 02:14 AM

http://www.telegraph.co.uk/comment/columnists/philipjohnston/7482778/Bad-Laws-Labour-has-clowned-around-with-our-freedom.html

Bad Laws: Labour has clowned around with our freedom
This nanny-state government's legislative tinkering leaves no one better off, says Philip Johnston in an extract from his new book

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

The Lib Dem leader also called on the public to nominate laws to be repealed, as part of a "power revolution".

http://news.bbc.co.uk/1/hi/uk_politics/8690882.stm

He does not specify the process by which the public can make these nominations.

And there does not appear to be a Minister with a brief for licensing to whom we could write and nominate the Licensing Act 2003.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 May 10 - 10:59 AM

http://www.culture.gov.uk/news/ministers_speeches/7069.aspx

Mr Hunt's speech in full.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 May 10 - 07:01 PM

http://www.culture.gov.uk/about_us/default.aspx

From the DCMS site above......

We are responsible for Government policy on:

licensing and gambling

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 May 10 - 06:26 PM

http://www.morningadvertiser.co.uk/news.ma/article/87043?PagingData=Po_0~Ps_10~Psd_Asc

Home Office 'will control licensing'
By John Harrington
17/05/2010 11:36
Control of licensing is to return to the Home Office under the new coalition Government, a senior Tory source has told the Morning Advertiser.

Subject: RE: Licensing consultation announced!
From: GUEST,The Sahmbles
Date: 18 May 10 - 01:46 PM

http://www.thestage.co.uk/news/newsstory.php/28250/sharkey-optimistic-about-parliamentary

Sharkey 'optimistic' about parliamentary support for small gig exemption
Published Tuesday 18 May 2010 at 14:43 by Natalie Woolman

Chief executive of UK Music Feargal Sharkey has said he aims to get the Live Music Bill, which would give a licensing exemption to gigs for less than 200 people, re-introduced to parliament before the end of the year.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 18 May 10 - 12:59 PM

The following from Hamish Birchall

Licensing remains in limbo almost two weeks since the general election.

A licensing minister has yet to be confirmed, and press reports yesterday suggested that the portfolio might be moved back from DCMS to the Home Office:

http://www.morningadvertiser.co.uk/news.ma/article/87043?PagingData=Po_0~Ps_10~Psd_Asc

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67050&c=1

'Alcohol and entertainment' has today been reinstated on the DCMS website under the heading 'What we do' - which makes it sound like some funky new venue - but the link just takes you to archived content: http://webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/what_we_do/alcohol_and_entertainment/default.aspx

Meanwhile, The Stage today reports that Feargal Sharkey is hopeful that Lord Clement-Jones' Live Music Bill, which would create entertainment licensing exemptions for small venues, will be revived in the autumn:
http://www.thestage.co.uk/news/newsstory.php/28250/sharkey-optimistic-about-parliamentary

And Culture Secretary Jeremy Hunt is praised in the Daily Telegraph for reportedly promising, pre-election, that 'every child will have the opportunity to learn an instrument...' ['Music unlocks the key to childrens souls', Stephen Hough, 18 May 2010]:
http://www.telegraph.co.uk/culture/music/7735302/Music-unlocks-the-key-to-childrens-souls.html

Of course, under the Licensing Act 2003, most school concerts remain illegal unless the school is explicitly licensed for live performance. Private school concerts are caught if there is a charge with a view to profit, or just to raise money for good causes. Concerts open to friends are likely to count as 'public', and therefore licensable irrespective of any charge. Even the provision of musical instruments is potentially a criminal offence unless licensed as the provision of 'entertainment facilities'.

There has been no comment to date from the new coalition government on whether or not they will take forward the small gigs exemption consultation initiated by Labour.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 May 10 - 06:09 PM

1. The parts of the Lib Dems manifesto which supported the 200 exemption and two-in-a- bar for non-amplified music only do not appear in the Con/Lib coalition agreement/manifesto. So nothing is now being proposed by this Party and anyone who voted for them because of the Lib Dem manifesto can rightly feel betrayed.

2. Apart from his stated pre-election public support for the 200 exemption - there is no solid proposal from the Tories, now Mr Hunt is now (supposed to be) in charge at the DCMS.

3. But as no Minister there has (yet) been given this brief, there would seem to be some doubt if DCMS will keep licensing or if this will go to the Home Office.

4. The only remaining crumb of comfort is if Don Foster re-introduces the Live Music Bill - as a Private Menbers Bill, which he said he would do. So far there is deafing silence from that quarter   

5. And the fate of the DCMS consultations is still to be announced.

Reasons to be cheerful? Apart from getting shot of the last bunch - I think not.

Now, all three parties have assured us that the problems presented to live music by additional entertainment licensing will be addressed. None of them have actually delivered when they were in power to do so. The Lib Dems in particular have twice had this opportunity but have chosen make deals which scuppered the chance.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 May 10 - 03:08 PM

http://www.musicweek.com/story.asp?sectioncode=2&storycode=1041182&c=2

Significantly, with the Lib Dems wielding quite considerable power in the new cabinet (there are five from the party), Clement-Jones would like to see the DCMS beefed up. ³We would like to see the DCMS have more clout; the DCMS is quite a weak department at the moment,² says the peer. ³You also need to have the Business Innovation and Skills department involved and Home Office so the departments are all pulling together.² Clement-Jones¹ own Live Music Bill fell at the final hurdle during the last Government and some suggest the new Con-Lib coalition might want to revisit its recommendations to provide a Licensing Act exemption for music venues with 200 people or fewer. ³They might need a popular piece of legislation after all the economic reforms,² adds McGonigal.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 May 10 - 02:27 PM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=67050&c=1

Licensing powers could move to the Home Office

17 May, 2010
By James Wilmore

New ministers at DCMS not given licensing brief, fuelling speculation responsibility could shift

The coalition government has unveiled new ministers for tourism and sport at the Department for Culture, Media and Sport (DCMS), but it remains unclear which one will be in charge of licensing, if any.

I do wish they would get on with it................

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 16 May 10 - 05:28 PM

http://www.telegraph.co.uk/journalists/andrew-gilligan/7728278/Leaked-memo-reveals-what-Whitehall-really-thinks-of-its-new-masters.html

Leaked memo reveals what Whitehall really thinks of its new masters Whitehall insecurities about its new Conservative masters are laid bare in eye-opening secret papers leaked to The Sunday Telegraph.
--------------
The paper bluntly admits that the "Minister's agenda" is different from "our own agenda" – but says that the department is "willing to flex our own agenda" to the minister's, in perhaps the clearest admission yet seen that Whitehall regards itself as the real government and ministers as mere birds of passage.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 May 10 - 08:04 PM

New DCMS cost cutting?

http://www.culture.gov.uk/about_us/our_ministers/default.aspx/

Only one Minister now, where there were recently so many.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 14 May 10 - 01:02 PM

The following from Hamish Birchall

A widely criticised DCMS live music report has been removed from the new DCMS website: http://www.culture.gov.uk/

'Changes in Live Music between 2005-2009' was published by DCMS on 28 January 2010 and is one of many documents 'temporarily removed for review', although it is still available online via the National Archive:
http://webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/reference_library/publications/6603.aspx

The report claimed that 'overall live music is thriving', but did acknowledge this was not the case for smaller venues.

However, the 'thriving' conclusion was not based on any direct measure of performances. It relied instead on indirect evidence: an 11% increase in live music licence applications 2007-9; an apparent 20% increase in the number of professional musicians; a modest increase in self-reported gig attendance (about 3% from the 'Taking Part' surveys); and Arts Council participation data (TGI).

DCMS itself conceded that it was unsafe to draw conclusions from licence application data. But it subsequently emerged that the 'professional' musician figures were nothing of the sort (30% were not musicians, 41% were part-time), and increased gig attendance data was probably due to the opening in 2007 of the mega-venues O2 and Wembley Stadium.

Concerns were raised in a series of Parliamentary Questions by Lords Clement-Jones and Colwyn (documented in earlier circulars, starting with 'More dodgy DCMS music stats' 19 Feb - see Hamish Birchall Bulletins: www.livemusicforum.co.uk). Answers were evasive or entirely avoided.

On 23 March, MP Ed Vaizey cited Music Week on DCMS 'cooking the books' in the Conservative blog 'Culture Politick':
http://www.culturepolitick.com/cms/2010/03/23/weekly-email-25022010/ [search on page for 'cooking']

The Stage reports today that Mr Vaizey is expected to be confirmed as the new culture minister:
http://www.thestage.co.uk/news/newsstory.php/28198/vaizey-joins-hunt-in-dcoms?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:%20TheStageNews%20(News%20Headlines

The last time DCMS surveyed actual performances in venues like bars and restaurants was in 2007 with the BMRB study. This found a 5% fall in performances after the Licensing Act came into effect in 2005, measured against benchmark the 2004 pre-Act MORI survey which found that the majority of premises had no live music at all in the previous 12 months. Most of those that did host live music did so relatively rarely. This did not stop DCMS calling this a 'flourishing' live music scene.

Archive link to 2007 DCMS/BMRB live music survey:
http://webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/reference_library/research_and_statistics/4854.aspx

Archive link to 2004 DCMS/MORI live music survey:
http://webarchive.nationalarchives.gov.uk/+/http://www.culture.gov.uk/reference_library/publications/4558.aspx

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 May 10 - 11:28 AM

http://news.bbc.co.uk/1/hi/business/8682124.stm

Paul Heaton gets on his bike to save the 'beautiful' pubs

For his bike, he is not required by law to wear a crash helmet, have insurance and have (a third party pay to obtain) road tax, as if the activity presented all the dangers of a powerful motor bike.

For his gigs, unless a third party has paid in advance to obtain additional entertainment permission as if it was an arena gig to an audience of thousands - he will be told to get-on-his-bike.

Perhaps if Feargal Sharkey can be persuaded to join him on this tour - we could obtain some timely publicity and some proportionate legislation? I'll even supply him with a bike.......

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 May 10 - 11:14 AM

I wonder how ex DCMS Ministers like Bradshaw, Hodge, Sutciffe will feel should the current fortunes of their Labour Party be described now as 'thriving'?

In truth it is difficult to have much sympathy for such a bunch and we can only hope the end result of a Government which thinks it can so easily ignore and blatently lie to the public is something they and the current bunch will learn from.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 14 May 10 - 11:04 AM

The new DCMS website is now live at www.culture.gov.uk

Much of the content of this site has been temporarily removed for review. That which remains has been amended to reflect the change of government. To see a pre-election version of the site please visit The UK government web archive.
http://webarchive.nationalarchives.gov.uk/20100407120701/http://www.culture.gov.uk/index.aspx

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 May 10 - 05:40 AM

http://www.thestage.co.uk/news/newsstory.php/28198/vaizey-joins-hunt-in-dcoms?utm_source=feedburner&utm_medium=feed&utm_campaign

Vaizey joins Hunt in DCOMS
Published Friday 14 May 2010 at 09:48 by Alistair Smith

Ed Vaizey will today be confirmed as the new culture minister, The Stage understands.

Vaizey has been given the arts brief within the newly-renamed Department for Culture, Olympics, Media and Sport. Portfolios are currently being confirmed, with further announcements of departmental appointments are expected today.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 May 10 - 05:36 AM

http://www.thestage.co.uk/news/newsstory.php/28187/jeremy-hunt-asks-dcoms-to-plan-for-66m

Published Thursday 13 May 2010 at 10:56 by Alistair Smith

Newly appointed culture secretary Jeremy Hunt has asked civil servants at the Department for Culture, Olympics, Media and Sport to investigate how the department can make savings to cover £66 million of cuts.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 May 10 - 04:49 AM

http://www.morningadvertiser.co.uk/news.ma/article/87024?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

A spokesman for Nottinghamshire police said: "Nottinghamshire Police, in common with other forces, has been urged by the Home Office and senior officers within the force to use powers granted under section 19 of the Criminal Justice and Police Act 2001.

"Under section 19, a closure notice can be served within 24 hours of finding a breach of a premises licence, with the effect that between seven days and six months of service of the notice, police can apply to local magistrates to close the premises if the breaches have not been rectified.

"If premises stay open whilst breaching their licence conditions they are advised that they are acting otherwise than in accordance with their licence and are committing a criminal offence under section 136 of the Licencing Act 2003 unless they cease licenceable activities immediately. In practice, the premises may shut to avoid criminal prosecution. It was on advice from the police that the two premises named chose voluntarily to close and address their licensing issues."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 May 10 - 05:59 AM

http://news.bbc.co.uk/1/hi/entertainment/8678797.stm

By Torin Douglas
Media correspondent, BBC News

Media, arts and sports policy is not a key priority for the new coalition government - any more than it was in the parties' election manifestos.

Culture is on the back-burner, hardly mentioned in the first agreement between the Conservatives and Liberal Democrats.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 12 May 10 - 07:04 PM

It looks like the new Secretary of State at the Department for Culture, Media and Sport, is going to be in for a bit of a scrap.

The following from the LGA Group submission.

The LGA Group is opposed to the introduction of de minimis exemptions for live music, however. Audience size alone is not a viable means of determining whether or not a particular performance of live music will contravene one of the licensing act objectives1.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 12 May 10 - 06:37 PM

http://petitions.number10.gov.uk/livemusicevents/

We the undersigned petition the Prime Minister to stop criminalising live music with the Licensing Act, and to support amendments backed by the Culture, Media and Sport Committee, and the music industry, which would exempt most small-scale performances in schools, hospitals, restaurants and licensed premises. More details

Submitted by Phil Little of Live Music Forum – Deadline to sign up by: 27 July 2010 – Signatures: 16,948

The above has been closed during the election. The following information is now appearing.

The new administration is currently assessing how best to proceed with the e-petitions service. We will update users as soon as practicable.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 12 May 10 - 01:03 PM

The following from Hamish Birchall

Conservative Jeremy Hunt is the new Secretary of State at the Department for Culture, Media and Sport, according to reliable sources.

Junior DCMS ministers will be confirmed tomorrow or Friday.

At the beginning of April Mr Hunt told The Publican magazine that the Licensing Act had been 'a disaster' for live music and that his party backed the campaign for an entertainment licensing exemption for venues up to 200 capacity:
http://www.thepublican.com/story.asp?sectioncode=7&storycode=66789

The exemption is also a Lib Dem manifesto commitment:

'Cut red tape for putting on live music. We will reintroduce the rule allowing two performers of unamplified music in any licensed premises without the need for an entertainment licence, allow licensed venues for up to 200 people to host live music without the need for an entertainment licence, and remove the requirement for schools and hospitals to apply for a licence.'
http://network.libdems.org.uk/manifesto2010/libdem_manifesto_2010.pdf (p46)

ENDS

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

http://www.thisissouthdevon.co.uk/news/Project-s-close-earlier-raises-concerns/article-2099401-detail/article.html

A COMMUNITY music youth project, licensed to play music until 3am and sell alcohol, wants to reduce its opening hours and become teetotal.
But some residents are still up in arms.

http://www.thisissouthdevon.co.uk/news/Joy-young-musicians-gain-licence/article-2135018-detail/article.html

If even such applications as this are to be subject to objections of this kind - there does not seem to be much hope. Permission has been granted but one wonders how long it will be before it is challenged?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 11 May 10 - 05:17 AM

http://www.morningadvertiser.co.uk/news.ma/article/86983?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ma-rss-all-n

Officials err on side of caution

    * By Peter Coulson
    * 11/05/2010 08:43

One of the main uses of the new minor variations procedure was alleged to be the removal of "unwanted or unnecessary" conditions on licences. However, experience has shown that this is not as simple or straightforward as the Department for Culture, Media & Sport (DCMS) would have you believe.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 08 May 10 - 06:32 AM

thread.cfm?threadid=125302&messages=29

The above thread shows that live music venues have enough problems already.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 08 May 10 - 06:23 AM

http://www.kingston.gov.uk/browse/business/licensing/licensing_guidance/licensing_guidance_noise_pollution.htm

Not too sure on what statistical evidence this is based but this is question that Kingston Council have now been asked to provide.

Control of Noise from Pubs and Clubs

The main source of noise associated with pubs and clubs is musical entertainment, although noise can also originate from patrons using beer gardens, children's play areas, patrons leaving premises, storage areas and plant. This guidance suggests way to avoid noise nuisance and so maintain good public relations with your neighbours. It will also enable you to formulate a noise management plan and operating schedule to prevent public nuisance and meet the Council's licensing objectives under the Licensing Act 2003.

There are of course great distinctions between the playing of recorded music, performance of amplified music and the playing of non-amplfied music. The licensing measures here are taken in advance and assumes that all 'musical entertainment' will be presenting the same concerns.   

It continues the LGA group position which can only see live music, (with all of its benefits) firstly as a public order concern and places most of its efforts on presenting noise complaints.

The examples provided earlier in this thread will show the effects on all live music, of an approach where it follows that any form of noise complaint, whether valid or not, will trigger all sorts of Council Depts into action and even where advance enertainment permission is in place, this will be overriden.

So what possible use, are all of the Licensing Act's additional and expensive advance licensing permissions that are currently said to be so vital to protect the public from live music?

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 05 May 10 - 10:31 AM

The following from Hamish Birchall

Margaret Hodge became the latest minister to peddle DCMS myths about live music, suggesting that licence statistics were somehow good news during the BBC6 live music debate last Friday, 30 April:

'... I've just been looking at the figures before I came on today and actually the number of [live music] licences has gone up by 11% between 07 and 09, so that's... [Feargal Sharkey tries to intervene]... the number of licences, hang on Feargal - I was very careful with the words I used - the number of licences, so there's an increase in the number of pubs that have got licences but whether they're using them is another issue. The only other evidence we've got, is we have a... we do an annual survey of what people take part in and how they spend their time, and under that survey we see that again there's an increase in the number of people, adults, who go to live rock, pop, country, folk, soul, r'n'b, and world music... so it's a pretty difficult...'
http://www.bbc.co.uk/programmes/b00sbgh0 [about 41m 30s into the programme - NB only 2 days left to listen]

But Ms Hodge was not careful enough with her words.

Firstly, she didn't mention licence conditions. These are routinely imposed by local authorities and include requirements to fit noise limiters, provide door supervisers, even - as in St Albans - to restrict performer numbers and genres of music. Live music can only be staged if such conditions are implemented by the licensee. Without knowing if conditions have been imposed, and whether or not they have been put into effect, it is impossible to know if the venue can lawfully host live music. DCMS has not surveyed licence conditions.

Secondly, she didn't mention the dramatically increased scope of entertainment licensing under the 2003 Licensing Act, making it inevitable that there would be thousands more applications. This point was subsequently made by Conservative John Whittingdale, chair of the all party Culture, Media and Sport Committee that last year recommended entertainment licensing exemptions for venues up to 200 capacity.

Thirdly, the modest attendance increase Ms Hodge cites from the Taking Part surveys (about 3% 2005-2009) is largely accounted for by mega-venues O2 and Wembley Stadium opening in 2007. In that year alone, over 400,000 attended concerts at those two venues.

Lastly, as Feargal Sharkey pointed out, Ms Hodge for some reason did not mention DCMS research of 2007 which found a 5% fall in gigs since the Licensing Act came into force (BRMB live music survey, the follow-up to the benchmark 2004 MORI/DCMS survey):

'Listen it's very simple, and it's kind of disappointing I'm still hearing this, the government's own figures show that there was in fact a 5% reduction in those small-scale venues and everybody does not want to talk about it.'

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 May 10 - 10:19 AM

http://fromunderthestone.blogspot.com/2010/04/all-go-for-googies-cafe-campaign-knives.html

Not sure who I am quoting here [from the above] but the following warning sounds more than a little sinister. However, anyone who had dealings over similar issues with local athorities will not be surprised.

-"Cautioning that alterations would have to be made to the premises, including soundproofing, the source warned that generating lots of negative publicity for the council may backfire."

The only way that councils should try to ensure that they obtain good publicity is to act positivly in the first place. Can this council really expect good publicity?

Is it acceptable when the protection the public are provided with by Parliament in The Licensing Act 2003, is subject to a post code lottery and your treatment under this legislation is subject to saying only nice things about your council?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 May 10 - 05:39 AM

http://www.thisiskent.co.uk/folkestone/Protest-art-cafe-s-late-night-hours-ban/article-2045779-detail/article.html

CUSTOMERS of Googies Art Café have vowed to "kick up the biggest stink possible" against a council decision to refuse it a late licence.

Owner Keith Holland says the Rendezvous Street café is not financially viable with its current 10pm closing time, and that he will have to "close the doors and walk away" unless the decision is reversed.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 May 10 - 02:57 AM

For a good start - how about pressing the election hopefuls to replace the proposal from the Lib Dem supported but fallen Private Members Bill) with the following clearly worded exemption?

Live unamplified music.

12B (1) The provision of a performance of live music within the meaning of paragraph 2(1)(e) of this Schedule, or entertainment of a similar description, or facilities enabling persons to take part in such entertainment, is not to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music or entertainment is —

(a) unamplified.

This would at least finally free all live music that was not presenting a noise concern from conditions and restrictions applied to address this.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 May 10 - 05:26 PM

It is bad enough that serving alcohol and providing live music are treated in this Act and its local enforcement, as if they are presenting the same risks to the licensing objectives but to impose a curfew on live music (with all of its benefits) in order to allow the serving of alcohol (with all of its problems) to continue - is surreal scapegoating of live music as an easy target.

Licensing officers are using this tactic, where live music becomes a sacrifice, in order placate objectors. With Councils now responsible for all licensing - this is sadly quite a common practice.

If the homeward bound and alcohol-fuelled patrons create the problem outside - why not place the curfew on both licensable activities equally? There is nothing preventing a licensee from finishing any live music, food or any other activity when they think best but there is no need to make such curfews a licensing condition.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 May 10 - 11:05 AM

http://www.durhamtimes.co.uk/news/8131335.Legion_given_extra_conditions_on_music/

NEIGHBOURS who complained music from a Royal British Legion Club was keeping them awake at night have won a reprieve.

Brandon and Meadowfield RBL Club has been ordered to fit noise monitoring equipment and had its music licence hours reduced.

He said club members could often be seen leaving the club after hours smoking and with carry-outs. Some, he said, could be seen urinating in the street. However, Dr Millard told the committee at the council's Spennymoor office on Tuesday, he did not wish to see the club closed down.

He said: "We ask the (committee) to add conditions to the licence to remove the noise nuisance. Given that it takes an hour after the music stops for people to leave, we suggest that the music stops an hour before closing time."

Some examples of how regulation is certainly 'thriving'.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 May 10 - 10:53 AM

http://www.stamfordmercury.co.uk/news/Popular-venue-appealing-after-planning.6264885.jp

Popular venue appealing after planning officers say its shows must stop.

Michael Houlihan, one of the four owners, said several council officers they dealt with prior to opening in 2008 were happy to grant them an alcohol and entertainments licence to cover the whole of the premises.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 May 10 - 10:45 AM

http://www.theadvertiserseries.co.uk/consettandstanley/8128433.Noise_ban_could_force_pub_to_close/?ref=rss

MANAGERS of a pub that hosts live music fear it may be forced to close because of a ban on noise.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 May 10 - 10:35 AM

http://www.thisisplymouth.co.uk/news/Outside-events-ban-pub-unbelievable/article-2095960-detail/article.html

Pub with permission for outside drinking and music banned from holding events.

But after just two complaints were made about noise during the pub's Easter Sunday event, a council investigation was started.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 May 10 - 03:09 PM

The Lib Dem leader already seems to have changed the proposal to - and go back to the rule where any venue can put on a performance of un-amplified music by one or two people without a licence.

The following was what was proposed in the Lib Dem supported Private Members Bill.

Live unamplified or minimally amplified music by no more than two performers

12B (1) The provision of a performance of live music within the meaning of paragraph 2(1)(e) of this Schedule, or entertainment of a similar description, or facilities enabling persons to take part in such entertainment, is not to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music or entertainment is —
(a) performed by no more than two performers; and
(b) either unamplified or minimally amplified.

Neither the proposal contained in the Private Members Bill nor the Lib Dem leader's new one can be described as any sort of a return to the two-in-a-bar rule. This exemption, removed by the introduction of the Licensing Act 2003, applied to amplified music and only applied in premises already licensed to serve alcohol.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 May 10 - 01:51 PM

This all sounds very encouraging from the leader of the Lib Dems but it should be remembered that it was the decision made by the Lib Dems, in the Lords, to vote with the Government which inflicted this legislation upon us. Had they voted against - the Bill would have fallen...........

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 May 10 - 06:38 AM

http://www.thestage.co.uk/features/feature.php/28030/cultivating-culture

The following from the above.

We'll also end the bureaucratic nightmares that hold performers back, like Labour's live music licensing system, for example. It has become a complicated, time-consuming regime which has even caught schools, hospitals and colleges in its tentacles, and is stifling the kind of small-scale live music that is so important for the future.

So we'll exempt small venues with capacities of less than 200 and go back to the rule where any venue can put on a performance of un-amplified music by one or two people without a licence. That is how we can foster new talent and new community venues. And Liberal Democrats recognise how extraordinarily competitive careers in performance and the arts can be, and how many of the people working in them are struggling.

Nick Clegg

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Apr 10 - 02:17 PM

You can now listen to the whole thing.

http://www.bbc.co.uk/podcasts/series/6musicnews