The Mudcat Café TM
Thread #61322   Message #1166895
Posted By: RichardP
21-Apr-04 - 05:02 AM
Thread Name: Licensing Bill - How will it work ?
Subject: RE: Licensing Bill - How will it work ?
McGrath brought us back to the real current issue. How do we move forward to maximise the opportunities for folk nusic (and as a consequence for other entertainments).

Within the next few months, every local authority in England and Wales has to produce its licencing policy. This has to take into account the Government Guidance document, but this is not designed to promote the particular interests of folk musicians (or anyone else). Furthermore, they will be undertaking this exercise just when festivals and holidays are diverting folkies minds away from home.

Most of the council's energies are likely to be concentrated on how they generate a policy for extremely flexible pub licencing hours.

One way that we can seek to promote our interests is to generate a suggested for of words about entertainment licencing to be included in their policy statement.   By doing so we can indicate key issues that are relevant to us.

The following is a strawman that I have thrown together to open up the discussion. If we can hone this, or have an alternative starting point to hone, then we can seek means of promoting it through folk clubs and individuals in each local authority area.

DRAFT TEXT FOR A PROPOSED SECTION IN LOCAL AUTHORITY LICENCING POLICY DOCUMENTS

It is Council policy is to encourage opportunities for citizens to enjoy entertainments both as participants and as
audiences. In furtherance of this objective, the Council strongly urges those seeking premises licences for the
provision of alcohol in public houses and member clubs to include licencing of the premises for entertainment within
their application. The licence fee is unaltered provided the requests are made together. The Council affirms that
it will seek the minimum licence conditions consistent with the licencing objectives.

The Council accepts that most acoustic music is consistent with the licencing objectives. Consequently, any
applications exclusively for music will normally be approved with very few conditions, which will normally be
restricted to those listed by the guidance as examples which apply to the premises and are appropriate to the
premises location:

        No entertainment in gardens after 10:00pm
        Windows to be closed after 11:00pm
        Freedom of passage to exits
        Proper maintenance and operation of the emergency lighting system if one is installed.

The Council recognises that a minority of acoustic music can be very loud to the point of causing nuisance in some
circumstances. As a general guide, it is considered that an acoustic performance comprising up to five professional
entertainers joined by a singing audience of up to 100 would be consistent with this minimal level of licencing
conditions in most premises.

Premises operators should assess whether the entertainment within their premises will comply with the above guidance
or whether they wish to make provision for entertainment that might be louder. In the latter case they should include
a description of the intended entertainment that will cause the most disturbance so that neighbours can make
and pertinent comments.

In the case of premises which are equipped with a system which enables the power to amplifiers to be cut off if a
particular noise level is reached, the premises operator should include a draft condition within the application
which requires the equipment to be used for all amplified music and should state the noise level at which it is
intended that power to the amplifier will be cut off.

Similarly event organisers must assess whether their event will be within the permitted premises noise level and
hence will be covered by the exisiting premises licence or whether a separate event licence is required.

Who will take up the challenge of honing that, taking note of the need to produce a statement that is likely to be acceptable to local authorities.

Richard