Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 11 - 09:22 AM

http://www.thisisdevon.co.uk/Objections-late-night-licence/story-13024622-detail/story.html

"We have two other pubs within 40 yards of us, The Sandpiper and the Britannia. Neither of them are required to have door staff and they both have later licences.

"It might be that we are being made an example of, but all we would ask is that there is a level playing field."

Mr Troughton said he and his father would be attending the meeting of North Devon Council's licensing sub committee next Tuesday when a decision would be made on the licence variations.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jul 11 - 09:17 AM

http://www.stourbridgenews.co.uk/news/9162918.Relieved_Lye_residents_joy_as_nightspot_plan_withdrawn/

RELIEVED residents in Lye have welcomed news a controversial application for a new High Street bar has been withdrawn.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 11 - 09:53 AM

http://www.thisisplymouth.co.uk/Licence-granted-River-Cottage-eaterie-Plymouth/story-13015716-detail/story.html

John King comments:
HFW's restaurant in Plymouth receives a ban on live music if performed for more than two hours (including breaks) and more than once a week. On Saturday DJs are allowed to finish half an hour later while unamplified music becomes a criminal offence.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jul 11 - 09:49 AM

http://www.parliament.uk/briefing-papers/SN05134

Updated version of Live Music In Small Venues on the Parliament website.

Subject: RE: Licensing consultation announced!
From: nickp
Date: 26 Jul 11 - 01:37 PM

Two years old that one, Roger

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 11 - 09:55 AM

http://www.threerivers.gov.uk/Default.aspx/Web/LicensingSub-Committee-28July2009

John King comments:

Three Rivers Council have restricted live music at the British Legion Rickmansworth to (usually - whatever that means) two or three performers. Solo musicians are apparently banned - usually. This is not 'usual' - it is fortunately quite rare, but very very stupid.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 11 - 09:53 AM

http://www.threerivers.gov.uk/Default.aspx/Web/LicensingSub-Committee-7July2011

Three Rivers Licensing Sub-Committee 7 July 2011. Conditions on the premises licence at the Whip and Collar PH. DJs are allowed, but live music restricted to two unamplified performers. Staff to check noise levels 'especially when live music is provided'. Windows and doors closed aftter 23:00 during live music.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 11 - 09:50 AM

http://media.education.gov.uk/assets/files/pdf/1/15%20july%202011%20letter%20to%20lord%20lucas%20on%20music%20licensing.pdf

John King comments:
Letter from Dept of Education to Lord Lucas confirming the Govt's intention of deregulating music in schools. But why has it taken the Govt over a year to scrap legislation that criminalises sibli...ngs of performers attending primary school music events? See Shenley Primary School...

The letter quotes the no of schools holding a premises licence as "very small". This isn't correct, and there are plenty of examples on this FB Group. DCMS 'statisticians' disingenuously claim they don't know how many schools hold premises licences as there isn't a legal definition of a school within the Licensing Act. DCMS Select Committee reported that over half of all TENs are for PTA events (let alone schools).

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 11 - 09:43 AM

http://www.cambridge-news.co.uk/Home/Controversial-nightclub-given-councils-all-clear-25072011.htm

John King comments:
Hordes of local government officials add an "unprecedented number of conditions" to the licence of the Jam House, Cambridge.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jul 11 - 09:36 AM

http://www.getsurrey.co.uk/news/s/2096829_application_prompts_chobham_common_wildlife_fears

John King comments:
Cllr Diane Beach (Ind) has whipped up local hysteria to object to a licence for an equestrian centre. The applicant Cllr Lee Chivers (Con) said "the licence would be used to provide lunch for children visiting the centre and dinner in the evening".

Now, Mr Chivers is lucky he is a Parish councillor. If he was a Ward Councillor, the objectors could ask him to represent them at the licensing sub-committee hearing.

Cllr Beach can't ask Cllr Chivers to represent her, because she doesn't live in his his ward. Nor does she live in the vicinity of the premises - but she is a horse rider. Now - if musicians who work in premises are not allowed to make representations in respect of live music licence applications (councils will use the vicinity test to disallow them) - why should horse owners be any different?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jul 11 - 06:40 AM

The 'Murdoch' exemption....

Schedule 1.

Use of television or radio receivers

8 The provision of any entertainment or entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42).

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jul 11 - 06:31 AM

http://www.telegraph.co.uk/news/uknews/phone-hacking/8657058/Tories-did-deal-with-Murdoch-over-BBC-licence-fee.html

Tweet from Ben Bradshaw---
Well done S.Telegraph for showing how Tories changed licence fee policy to suit Murdochs. Did same on free TV sport eg cricket too

What short and convenient memories our politicians have. Ex DCMS Minsister Bradshaw' Party did not of course do a similar deal with Murdoch to exclude his SKY TV sport from the requirement for additional entertainment licensing?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jul 11 - 06:25 AM

http://www.hertsmere.gov.uk/business/licensing/alcoholentertainmentlicensing/dnld_alcoholentertainmentlicensing/Premise_licenses

This is the correct link

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jul 11 - 06:17 AM

http://www.hertsmere.gov.uk/business/licensing/alcoholentertainmentlicensing/dnld_alcoholentertainmentlicensing/Premise_licenses

John King comments:
Hertsmere Council don't approve of children listening to music. Here they are banning children (in Hertfordshire that means under-18s) from a premises during live music events. They are allowed on the premises at all other times.

Children being prevented from going to their own school - interesting concept.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jul 11 - 06:12 AM

http://www.hertsmere.gov.uk/business/licensing/alcoholentertainmentlicensing/dnld_alcoholentertainmentlicensing/Premise_licenses

John King Comments:
Here's Hertsmere Council placing restrictions on performances of school plays at Shenley Primary School. "Siblings of performers are not allowed to attend" plus a ban on amplified live music.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Jul 11 - 05:52 PM

http://www.morningadvertiser.co.uk/news.ma/article/91203

Senior industry figures have called plans to increase music royalty fees by up to 4,000% as "devastating" and "unsustainable".

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Jul 11 - 04:37 AM

http://www.guardian.co.uk/business/2011/mar/28/music-royalties-fall-for-first-time

Music royalties fall for first time• PRS for Music reports 1% annual fall in total royalties.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 Jul 11 - 05:16 PM

http://www.generator.org.uk/blog/government-back-live-music-bill

John King comments:
The Live Music Bill is 'thriving'.

The same cannot be said for the live music sector. PRS have announced that live music revenues fell in 2010 for the first time in a decade.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 Jul 11 - 06:51 AM

http://www.hertsmere.gov.uk/business/licensing/alcoholentertainmentlicensing/dnld_alcoholentertainmentlicensing/Premise_licenses

Premises licence for Haberdashers Askes Boys School. One condition reads: "A letter drop shall be conducted informing residents of the proposed event and the times of the intended music".

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 Jul 11 - 06:42 AM

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

There is still a way to go - the Bill must proceed to Report stage and Third Reading and then to the House of Commons - but in the words of the old ZZ Top song, this particular Private Members Bill has Legs …

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 20 Jul 11 - 06:37 AM

http://www.theregister.co.uk/2011/07/19/is_this_trumpet_legal/

'The law, intended to promote musical events at small venues, must be one of New Labour's most absurd and bureaucratic legacies. Leaving a piano in a school or church hall without the necessary paperwork and approval risks a £20,000 fine and six months in jail'

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Jul 11 - 07:41 PM

http://www.oxfordmail.co.uk/news/yourtown/oxford/9145882.New_pop_up_cafe_not_for_all_tastes/

John King comments:
Pop-up restaurant wants to hold spoken word, talks, cookery demonstrations and classes, debates, poetry and acoustic music. A petition from neighbours will put a stop to that.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Jul 11 - 07:36 PM

http://menmedia.co.uk/manchestereveningnews/news/s/1422646_police-officer-and-salford-town-hall-staff-arrested-in-100000-fraud-p

Salford Council's ex-Principal Licensing Officer and a Licensing Dept Support Assistant arrested in connection with a £100,000 fraud.

John King comments:
Some Licensing Authorities like to suggest that musicians themselves cause crime. One example of this practice is the Form 696 - aimed mostly at musicians who aren't 'white'. One London council - as a premises licence condition - made the searching of musicians compulsory when entering the premises. St Albans Council issued guidance to TEN applicants to make sure they agree a fee with musicians before hiring them.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jul 11 - 11:36 AM

http://www.epolitix.com/1832-blog/blog-post/newsarticle/lords-reassured-over-spontaneous-dancing/

John King comments:
There is a serious point to the question of spontaneous dancing. Under previous legislation there were prosecutions for unlicensed dancing. In 2002, Westminster council successfully prosecuted Wolverhampton and Dudley Breweries because licensing officers witnessed the 'rhythmic moving' of customers to music.

Although not mentioned in the words of the Act, The S182 Guidance does detail spontaneous music and does regard this as being exempt.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jul 11 - 11:28 AM

http://www.hertsmere.gov.uk/business/licensing/alcoholentertainmentlicensing/dnld_alcoholentertainmentlicensing/Premise_licenses

John King Comments:
The premises licence for the Purcell School in Bushey does NOT allow the provision of facilities for making music (meaning a stage, musical instruments etc). The school's lunchtime recitals are currently illegal - penalty £20,000 fine or 6 months in prison.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jul 11 - 03:51 AM

http://www.thisislocallondon.co.uk/whereilive/localheadlines/9142172.Father_of_autistic_man_handed_abatement_notice_for_humming_

Autistic man Dean Harman received an abatement notice for humming too loudly in Kidbrooke council flat

John King comments:
Greenwich Council can't afford to keep libraries open but they can afford to pay for this idiocy.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Jul 11 - 09:56 PM

http://www.thestage.co.uk/news/newsstory.php/28970/private-members-bill-seeks-to-relax-live

But the bill's opponents maintain there is no problem with the current licensing situation. Chris White, chairman of the Local Government Association's culture, tourism and sport board, said he thought it was "a very ignorant bill", adding that "the case that there is a problem with live music has not been made".

The case that there is a problem with live music is plainly accepted now that the Live Music Bill is supported by the Govt's side in the Lords.

Is the chairman of the Local Government Association's culture, tourism and sport board still of the view (assuming as he does, to be speaking on behalf of all of the council tax payers in England and Wales) that it is a "a very ignorant bill"?

Or will he now resign before his unrepresentitive but influential views can inflict any more damage on culture?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Jul 11 - 08:56 PM

http://www.morningadvertiser.co.uk/news.ma/article/87789

As his views are now seen to be so out of step, unrepresentitive and damaging to culture, should Local Government Assocication (LGA) chair for culture, tourism & sport Chris White be expected or asked to resign his influential position?

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 chair's weak defence of the Act's exemption for live TV sport or the 'Rupert Murdoch clause' is not currently seen as being very wise.

That the advertised showing of TV sport to a pub full of football supporters is not considered to need the expensive 'full monty' of additional entertainment licensing but that a single musician is considered to place everyone at risk without it - says all that is needed to be said about the additional entertainment licensing measures contained in the licensing Act 2003.

If Rupert Murdoch's entertainments are safe without it (before and even after 11pm) - then so is everything else. Now that Mr Murdoch no longer seems to be in charge of this country, it should be possible for his activities to be seen to be receiving equal licensing treatment, along with everyone else.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 15 Jul 11 - 10:13 AM

The following from Hamish Birchall

Lord Clement-Jones' live music bill cleared an important hurdle this morning when all its amendments were passed at the House of Lords Committee stage debate.

Crucially, this included the 11pm cut-off for a small gigs licensing exemption, which cleared the way for unqualified government support provided by their spokesperson in the debate, Baroness Garden of Frognal. The bill's chances of becoming law are now significantly increased.

Lord Clement-Jones raised the possibility that the 11pm licensing threshold for acoustic events might be subject to review under the government's proposed consultation on further entertainment licensing deregulation, expected before the autumn.

The amended bill was praised by Labour's DCMS spokesperson, Lord Stevenson of Balmacara who also expressed 'much regret' at his government's handling of entertainment licensing and live music.

Report and 3rd Reading stages in the Lords should now proceed within a few weeks, after which the bill goes to the House of Commons, possibly in September.

The written Hansard record will not be available for a few hours, but you can watch on Parliament TV. Note that the debate begins about 25 minutes after the first debate of the day - and there doesn't appear to be a time-slider:
http://www.parliamentlive.tv/Main/Player.aspx?meetingId=8777&wfs=true

A full report will follow early next week.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Jul 11 - 07:23 AM

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=8777&wfs=true

John King comments:Live Music Bill passes Committee stage.

The Govt announces support of the Bill following amendments, and Labour DCMS spokesman Lord Stevenson of Balmacara expresses 'much regret' at his previous Govt's handling of live music licensing.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 Jul 11 - 12:50 PM

http://www.thisisbath.co.uk/Police-object-Jika-Jika-late-opening-plan/story-12935338-detail/story.html

John King comments:
Police opposed to live music at a cafe in Bath. Inspector Steve Mildren said "The variation application is to extend the hours that the premises operate and to add live music to this, the police feel, adds a dimension that is very different from the high quality coffee house that was portrayed"

The premises already has permission for a DJ. Do the police have any justification for deciding that a coffee house would not be 'high quality' if it had live instead of recorded music? This is hardly 'high quality' police work.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 Jul 11 - 12:26 PM

Most are technical, reflecting the complexity of the Licensing Act's music provisions, but include changing the exemption cut-off time from midnight to 11pm. This was one of the conditions required for government support announced by Baroness Rawlings during the bill's 2nd Reading on 04 March: http://bit.ly/ol4H3A

Sorry but perhaps the price to pay for this Govt's support here is not one we can afford to pay and perhaps it is better to proceed without this Govt's support. There is an imprtant principle at stake here.

All live music does not present problems which automatically require additional licensing permission at 11pm, midnight or any other time. By accepting any curfew time - we are accepting that it does. It was a backward step to propose midnight in the Bill and one understandably made in the hope of Govt support. It is leap backwards to then change it.

The Act removed fixed serving times for alcohol. Prior to this generally welcomed relaxation - there was no fixed curfew placed on live music, which stopped when the alcohol stopped. This inculded all of the live music in pubs which was excluded under the 'two-in-a-bar.

When it is genenerally now accepted that it is alcohol related issues which cause most of the concerns - we are to have a fixed curfew on all live music. In all reality, if passed and if left to our current system and to our licensing employees, there would be little or no live music permitted after 11pm. That which was permitted would be subject to many further restrictions and conditions.

This, not because it presented any problem but simply because it took place after the curfew. Our licensing employees will love getting paid overtime to listen out for any live music after curfew.

We we not under martial law or being bombed, when such curfews may have some justification.

Why is live music OK to be unregulated prior to a certain time of night but the same activity then needs to be subject to expensive and additional entertainment licensing after this?

If the issue is one of noise, then the fact that an activity has permission or not will not make any difference, as it is subject to the Environment Protection Act, which already has its own built-in restrictions. Yet more restrictions on live music are not required under entertainment licensing, which can now be safely scrapped. This Bill, as worded, encourages the very additional entertainment legislation that most of us wish to see scrapped.

Are we now turkeys voting for Christmas?

It is people, not live music or musicians which cause problems. I suggest that these curfews and fees are not placed on premises but on people who cannot behave at night in a socially acceptable mannner and it is they who should need to pay for licence to be out after 11.00, which can be taken away if they transgress. Any chance of such an ammendment being made?

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 13 Jul 11 - 11:44 AM

The following from Hamish Birchall

Lord Clement-Jones' live music bill inches closer to becoming law with its Committee stage in the House of Lords this Friday morning, 15 July: http://services.parliament.uk/bills/2010-11/livemusichl.html

The bill would roll back draconian licensing restrictions imposed on live music by the Labour government's 2003 Licensing Act. It is supported by the music industry, campaigners and performers' unions.

As amended, it would exempt from entertainment licensing performances of live music between 8am and 11pm to audiences of up to 200. The exemption could be disapplied in pubs and bars if noise complaints were upheld at a licence review. Performances in hospitals, schools, and other workplaces, often caught by the existing regime, would be exempt. The entertainment facilities provisions would be removed entirely. Unamplified performance would be exempt, subject to the hours condition, and recorded as well as live music could accompany morris dancing (only unamplified accompaniment is allowed at present).

A number of amendments will be put forward at Committee:
http://www.publications.parliament.uk/pa/ld201011/ldbills/012/amend/am012-a.htm

Most are technical, reflecting the complexity of the Licensing Act's music provisions, but include changing the exemption cut-off time from midnight to 11pm. This was one of the conditions required for government support announced by Baroness Rawlings during the bill's 2nd Reading on 04 March: http://bit.ly/ol4H3A

After Committee, two further stages remain in the House of Lords, Report and 3rd reading, before the bill can go to the House of Commons.

There is no sign yet of the more radical entertainment licensing deregulation consultation promised by culture minister John Penrose in May (see The Stage 26 May: http://www.thestage.co.uk/news/newsstory.php/32313/dcms-looks-to-cull-live-entertainment )

A number of recent developments emphasise the urgent need for reform. The Olympic Stadium, for example, has failed to apply for entertainment facilities authorisation for live music: http://bit.ly/o4c3nw [see p4, box i]

Without such authorisation, no live music using stadium-provided amplification, staging or lighting, could take place. Last week I asked Newham Council for comment. To date they have not replied.

In St Leonards, Cafe Relax is applying for a variation to permit a DJ 7 days a week between 11:00 and 23:00hrs. Live music is to be restricted to Thu to Sat 19:00 to 22:00hrs, and Sun 14:00 to 17:00. It is further restricted to a maximum of 3 musicians plus a potential jazz genre restriction: http://bit.ly/pc6gmp

Hounslow Council has banned outdoors live music at Kings House School Sports Ground. Restrictions on indoor live music include: 'Events will not be open to the general public' and 'Security and trained staff will be present at all events': http://bit.ly/qJIz3h

South Oxfordshire District Council has restricted live music to two days a week at Magoo's, Henley-on-Thames. This is further restricted apparently to no more than two musicians playing acoustic guitar and saxophone, but not both at once!
http://bit.ly/qAsNME

Last but not least, the Red Lion in Whitehall, where in 2001 the Lords Redesdale and Colwyn, in the company of Billy Bragg and others, famously got 'thrown out' to draw attention to the daft 'two in a bar rule', is STILL restricted to two musicians. It is free to host 3 or more DJs, however, and - like every pub or bar - unlimited big screen broadcast entertainment. See: http://bit.ly/rsI3ak

My thanks to campaigners John King, Charlotte Collingwood and Roger Gall for these examples.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 12 Jul 11 - 03:49 AM

http://webapps.allerdale.gov.uk/moderngov/mgConvert2PDF.aspx?ID=3472&T=10

John King comments:
Police object to two Blues Gigs in Allerdale unless SIA door-staff (eg retired police) are hired. The Council have already banned percussion at the Maryport Navy Club and imposed a noise limit of 90dB (see P11). Apparently this decision has no employment implications. Drummers may disagree...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 12 Jul 11 - 03:46 AM

http://www.thestage.co.uk/news/newsstory.php/32313/dcms-looks-to-cull-live-entertainment

John King comments:
Where is the Govt's promised consultation into the scrapping of "bonkers" live music licensing? According to this report in The Stage, the consultation document was to have been published by the end of June.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 09 Jul 11 - 03:38 PM

http://www.hastings.gov.uk/licensing/licensing_applications.aspx#minor_variations

John King comments:
Cafe Relax in St Leonards applying for a variation to permit a DJ 7 days a week between 11:00 and 23:00hrs. Live music is to be restricted to Thu to Sat 19:00 to 22:00hrs, and Sun 14:00 to 17:00. Further restricted to max 3 musicians plus a potential genre restriction of jazz.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 09 Jul 11 - 03:35 PM

http://services.parliament.uk/bills/2010-11/livemusichl.html

Committee Stage for the Live Music Bill will be 15th July - 10:00am.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Jul 11 - 03:41 AM

http://democraticservices.hounslow.gov.uk/%28S%28czobl0450xbqi155ede3ifez%29%29/mgAi.aspx?ID=60693

Hounslow council bans outdoors live music at Kings House School Sports Ground. Restrictions on indoor live music include: 'Events will not be open to the general public.' 'Security and trained staff will be present at all events.'

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 Jul 11 - 07:01 AM

http://www.lgcareers.com/careers-az/licensing-officer/

Licensing Officer job description.

The following from John King:
The last Govt entrusted the strict supervision of working musicians to the same petty officials who suffocate taxi-cabs in red-tape. Here the minimum qualification is 4 GCSEs. Some LAs ask for 2. They have the power to object to a music licence and are rarely over-ruled.

From experience of my local authority, their primary object seems to be to avoid applications from ever being placed before either a meeting of full Licensing Committee or a Sub Committee to ensure that their decide the matter themselves.   

Although the Licensing Act 2003 requires every council to set up such committees with a remit to decide on all licensing matters - where there are no representations made by the public - the employees are permitted to decide.

Where there are representations made by the public, the employees can still decide by the simple measure of encouraging those representations to be withdrawn in face of an amended application.

In practice, the applicant is told at this stage, by the employees that their application will not be passed unless it is changed. In the face of this, it is usually changed (and limited). Thus the employees use the representations to get what they decide is convenient to them, no committee is ever involved and the employees then claim (technically correctly) not to have imposed any conditions.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 Jul 11 - 06:39 AM

http://www.morningadvertiser.co.uk/news.ma/article/91039

Sanctions to improve timing
By Peter Coulson
04/07/2011 11:15
During the recent committee stage in the House of Lords for the Police Reform and Social Responsibility Bill, one peer (no doubt prompted by a local authority 'minder') put down an amendment to allow councils to postpone the 28-day objection period for licence applications until they had put the material on their website.

The argument was that members of the public would not necessarily be aware of the proposal when the notice went up the day after the application was lodged, so that the clock should only start when the authority got round to refreshing their web pages, probably the following week.

I am glad to say that this proposal did not go forward, but it is an indication that some councils think they are a breed apart when it comes to complying with statutory timescales, whereas they stick rigidly to notice periods when it comes to the applicant.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 05 Jul 11 - 05:26 AM

More conditions on Magoo's

DJ only (no karaoke) DJ will only play on a total of two nights per week (Indoor)

Dancing shall be permitted in the back bar on no more than twelve occasions in the year. (Indoor)

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 Jul 11 - 05:15 AM

Meanwhile - out in the real world....

http://www.southoxon.gov.uk/ccm/support/Main.jsp?MODULE=LicenceDetails&REF=4027&TYPE=Premises

Live music permitted on no more than two days in any one week (Monday to Sunday) One or two musicians playing amplified music. Playing acoustic guitar or saxophone (not both at once) (Indoor)

John King comments:
What possessed a licensing officer to legislate against a musician playing guitar and sax at the same time? If anyone could play both simultaneously they would be committing a criminal offence subject to £20,000 fine of six months in prison, but only in Magoo's, Henley.

Just as importantly - what can be done now to change such unlawful conditions and prevent local Govt employees from imposing them?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Jul 11 - 04:14 PM

http://www.morningadvertiser.co.uk/news.ma/article/90993

Both licensees and their legal representatives have revealed horror stories about how one single objector can cause havoc, ether with an application or with a persistent series of complaints to the council.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Jul 11 - 04:08 PM

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110627/text/110627w0001.htm#11062716000003

Mr Jim Cunningham: To ask the Secretary of State for Culture, Olympics, Media and Sport what recent progress his Department has made on its proposals for live entertainment licensing; and if he will make a statement. [61973]

John Penrose: I intend to issue a public consultation in due course about proposals to reduce the licensing burdens on most forms of entertainment regulated under the Licensing Act.

How many public consultations will this one make?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jun 11 - 04:40 AM

http://www.morningadvertiser.co.uk/news.ma/article/90983

In spite of very well-argued criticism, it seems that the Government is determined to press ahead with its idea of 'strengthening' the position of local authorities in dealing with pubs, as if the sanctions and controls they have are not good enough already.

Even some of my local authority friends are somewhat bemused by this. They do not recognise the picture painted of them in Home Office and ministerial pronouncements — as scared lame ducks, unable to stop the progress of powerful, monolithic brewers and retailers as they corrupt the young and create mayhem on the streets.

They point to the range of sanctions already available, to the increased police powers, to the review system and the use of these powers regularly to suspend or revoke licences. They do not see themselves as lame at all, but they like to take a balanced view of what is going on.

Yet there are few voices raised against this move, even in the Lords, where a sense of justice might still be seen to be paramount. True, Lord Clement-Jones, that redoubtable campaigner, has had a few words to say about the manipulation of the wording of the Licensing Act and the lack of clarity this will bring.

But there is no sense that in the long run the Government will not get its way, and the so-called 're-balancing' will simply mean stronger controls by those local authorities who wish to impose them.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jun 11 - 04:56 AM

http://www.getreading.co.uk/news/s/2094927_valuable_asset_or_noise_nuisance

John King comments:
The Jolly Anglers in Kennetside wants to put on occasional acoustic live music until 10:00pm. Unfortunately the local (Labour) Ward Councillor and former quango boss Tony Page is also a big cheese at the virulently anti-music LGA and is "very concerned" live music would cause a "major disturbance".

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jun 11 - 04:53 AM

Sadly, licensing employees and councillors still think that hearings are only about objections - even though the legislation now clearly refers to representations (including those in favour of applications).

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jun 11 - 04:47 AM

http://www.hertsandessexobserver.co.uk/Dunmow-Stansted/Stansted-hotel-in-bid-for-longer-hours-24062011.htm

John King comments:
Councils frequently accept pro-forma letters of objection to live music licences. Why the sudden concern about pro-forma letters of support?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jun 11 - 09:27 AM

Extending the duration of TENs could mean they are increasingly used as ways to circumnavigate licensing controls.

The above from the LGS Group lobby document:

This is crazy -

The Home Office work on measures to block holes in the red holes introduced in the Licensing Act 2003 as regards entertainment licensing and which can only further increase it - whilst the Govt still only talk about measures to reduce the red tape regarding entertainment licensing.

If these further measures are introduced by the Home Office - it is most unlikely that the DCMS will be allowed to scrap the existing controls.

Am I the only one who was under the impression that entertainment licensing remained with the the DCMS?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jun 11 - 05:41 PM

http://www.morningadvertiser.co.uk/news.ma/article/90951?PagingData=Po_0%7EPs_10%7EPsd_Asc

Jeremy Allen, the UK's foremost legal practitioner in licensing issues, has died aged 66.