The Mudcat Café TM
Thread #126147   Message #3244612
Posted By: GUEST
25-Oct-11 - 01:27 PM
Thread Name: Licensing consultation announced!
Subject: RE: Licensing consultation announced!
The following from Hamish Birchall

Oxford City Council is probably the first of many hysterical
over-reactions to the government's proposed relaxation of control of
entertainment through licensing:
http://www.oxfordtimes.co.uk/news/headlines/9320655.Council_vows_to_fight_change_in_licensing_laws/

Why do licensing officers and councillors lose their heads over live music?

Two things are clear: they haven't read the small print and are ignorant
of the way licensing legislation works.

The DCMS entertainment licensing deregulation consultation, which closes
on 03 December, includes a proposal to KEEP noise limiting licence
conditions on existing venues where alcohol is sold. See p11 para 2.25
of the DCMS deregulation consultation proposals:
http://www.culture.gov.uk/images/consultations/consultation_deregulation-scheduleone_2011_vs2.pdf


There is in any case a raft of nuisance legislation irrespective of
licensing. Contrary to opponents of reform, noise abatement notices can
be issued pre-emptively under the Environmental Protection Act. Licensed
premises can be given on the spot fines if they cause a noise nuisance
between 11pm and 7am. The police can close licensed premises
immediately if they believe a venue is causing a serious problem. There
are other powers available, all detailed in paras. 3.31 onwards in the
deregulation consultation document.

Under section s177 of the Licensing Act, many if not most noise
conditions on pubs and bars of 200 maximum capacity, such as the
operation of a noise limiter, are unenforceable when live music is being
performed within certain hours. That small concession for live music
was granted by the previous government in 2003 when the then Licensing
Bill was going through Parliament.

Big screen broadcast entertainment, including sport, MTV and other music
programmes, is not regulated by entertainment licensing, and in 2005
nearly all pubs and bars were granted automatic permission to play
recorded music, by DJs if they want, without any licence conditions.

No doubt this explains why the present government has concluded that
separate legislation is adequate to regulate noise for most
entertainment events. The DCMS deregulation impact assessment
exhaustively considers the possibility of increased noise nuisance. It
concludes that the risk is small and is outweighed by the wider cultural
benefit. See paras 61-90, pp19-25:
http://www.culture.gov.uk/images/consultations/IA_deregulation-scheduleone_2011.pdf

But if the government and MPs are swayed by council hysteria about
radical entertainment licensing reform, there is always Lord
Clement-Jones live music bill which offers an exemption from
entertainment licensing for gigs to audiences of up to 200, between 8am
and 11pm. The bill has completed its House of Lords stages, and awaits
a 2nd reading date in the Commons. It is supported by the government
and the Opposition.

ENDS