http://www.thepublican.com/story.asp?sectioncode=7&storycode=66211&c=1

Government U-turn over licensing of pub pianos

20 January, 2010

By James Wilmore

DCMS to "clarify" rules meaning licensees can let customers play instruments to "entertain themselves"

Licensees will be allowed to let customers play a musical instrument to "entertain themselves" without the risk of prosecution, after a government U-turn on the issue.

The Licensing Act currently states it is illegal to let a customer play an instrument, such as a piano, if the pub does not have an entertainment licence.

The issue has previously drawn criticism from live music campaigners who branded the situation "absurd".

But the Department for Culture, Media and Sport (DCMS) launched a consultation last week, without alerting the press, to alter the Licensing Act and "clarify" what is regarded as licensable.

The move will be seen as a U-turn by the goverment after licensing minister Gerry Sutcliffe previously said having a pub in a piano was only "theoretically innocuous" as "even such supposedly harmless activities can cause noise nuisance".

The DCMS hopes the plans will also encourage pubs to take advantage of the "incidental" music exemption in the Act. This exemption means pubs do not need a licence where the music is not the main reason for people attending the venue.

Under the new plans, the Act will be changed to say that offering musical instruments, to be used for "incidental" music will not need a licence.

Helpfully, the DCMS consultation document says that "items provided to enable a musical instrument to be played without amplification" such as a "music stand" will also be exempt.

The DCMS document says: "There will be a small economic benefit in terms of reduced burdens, but we have not attempted to quantify this".

To respond to the consultation, which closes on February 26, write to Shelley Mickleburgh, Licensing Team, Sport and Leisure Directorate. 2-4, Cockspur Street. London SW1Y 5DH or email: licensingconsultation@culture.gov.uk