Just thinking about the Licensing Act spin about encouraging live music venues. We have tended to concentrate on pubs and the claim that for them to provide live music will not cost pubs more.

A café not serving alcohol, if they wished to hold any form of live music – would currently need only to apply and pay an annual fee for a Public Entertainment Licence (and a PRS etc, licence).

However, this café can currently have incidental recorded music – in the form of a juke box - at no additional licensing cost (except a PRS etc, licence).

So what is the situation going to be under this Act that will encourage live music venues?

This café (not serving alcohol remember), in order to stage any form of regulated entertainment, will first have to pay for a Premises Licence, this to last for the life of the business. And to pay an annual inspection charge. It will then have to apply for additional permission for regulated entertainment and specify its nature. It will also have to pay PRS etc.

Will all this encourage a venue such as this café to stage live music?

However, should it not logically follow that under the new Act, as we now have an exemption from the additional licensing requirement for incidental live music, that this café should be also be able to supply this at no additional cost (except a PRS etc, licence)? As it currently can for incidental recorded music such as a juke box.

It has taken a lot of effort to introduce this exemption into the Act. I think that if we wish to see more live music venues, and not less, it is vital to get our local authorities to establish what they consider to be incidental live music and exempt from the additional licensing requirement. This is at least in our hands. We have no control over how many licensees (or café owners) choose to apply for additional permission to provide regulated entertainment

It is helpful – if not intentionally so – that the latest guidance mentions juke boxes and low volume in the context of what might be considered to be 'incidental. If such juke box recorded music is currently exempt in cafes and pubs, as it is considered to be incidental recorded music – there can really be no grounds for a local authority to consider small-scale non amplified live music – such as sessions – as not being incidental live music under the Act.

It may also be worth a try to get small-scale amplified music as incidental – on the grounds that it is no louder than a low volume juke box. This should not be too much of a problem in pubs as the LA will be getting their money anyway.

However, it would mean that they would not be receiving additional Premises Licence fees and annual inspection charges from non-alcohol cafes, if they considered them to be providing incidental live music. The officers would probably fight to consider this live music not to be incidental but full-blown regulated entertainment in these premises. A position that will not encourage live music venues.