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GUEST,The Shambles Licensing consultation announced! (1356* d) RE: Licensing consultation announced! 08 Jan 12


Some questions here that you may suggest that your MP asks the Govt?

As it is not possible under the Licensing Act 2003 to apply for permission to provide a public nuisance and it is not possible for a local Licensing Authority to grant such permission, why is this Govt supporting [in the Private Members Live Music Bill] a requirement to kick-in at 11.00pm, for additional licensing permission for all live music and especially for that live music which this Govt itself propose to be exempt from this requirement and when such a measure does not appear in these proposals and is one which the Govt's own proposals argue against?

What role can this additional entertainment licensing permission actually play in dealing with noise pollution which the existing anti-noise pollution cannot ?

Any actual noise pollution subsequently arising from any entertainment venue - whether additional entertainment licensing permission under the Licensing Act 2003 is in place or not - will have to be dealt with by exactly the same anti-noise measures as will noise pollution emanating from the playing of any form of music in private homes and any form of noise pollution which emanates from any other source. If this legislation is thought to be inadequate to deal with noise pollution, then it is this legislation which needs to be improved.

If the Govt accept that there is already existing special anti-noise legislation that kicks-in at 11.00pm and which is thought adequate to deal with public nuisance in the form of noise pollution - do the Govt accept that for them to propose that even further controls, in the form of additional entertainment licensing permission to also kick-in at 11.00pm, is costly red tape and is not a proportionate approach to live music which may only have the potential to cause a problem that already has legislation in place to address and which recognises the problems associated with this time of night?

All live music, in all venues and at all times is not an automatic source of noise pollution.

However, currently all live music is treated, by those employed locally to enforce licensing legislation, as if this were the case. As a result, much live music, when it is not totally prevented, it is needlessly limited under this process by licensing conditions which make no distinction between live music which may have some potential to cause noise pollution and live music which will never have this potential.

This thinking in effect, equates all live music in advance of a note being sounded, as firstly being an automatic source of noise pollution, in all venues and which only the requirement for additional entertainment permission under the Licensing Act 2003 can address.

How can such an approach - ever be expected to enable live music to flourish and bring the added value to our lives that only this music can provide?


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