The Live Music Bill will become the Live Music Act tomorrow morning when it receives Royal Assent in the House of Lords: http://services.parliament.uk/bills/2010-12/livemusichl.html
However, the legislation is unlikely to come into force until October.
On 27th January, when the Bill completed its Parliamentary stages, the possibility of early implementation in time for the Queen's Diamond Jubilee celebrations and the Olympics was raised by Lord Colwyn and Lord Clement-Jones, co-sponsor of the Bill with Don Foster MP.
But the statutory licensing guidance that accompanies the Licensing Act ('Guidance issued under s182 of the Licensing Act 2003') must first be substantially revised, with input from key stakeholders, including the police and Local Government Association (LGA). This is essential if the legislation is not to be misunderstood and misapplied by all sides, as has so often happened in the past.
Some in the music press seem to think that the Bill marks the culmination of a few years lobbying by musicians and the music industry. In fact, it has taken more than 30 years of lobbying and campaigning by musicians, backed by a coalition of the music industry, arts organisations and performers' unions, to arrive at this historic moment for the regulation of live music in England and Wales.
Since at least the mid-1980s, musicians have been making representations to central government to relax entertainment licensing because it was hindering or actually preventing small gigs. Hopes were raised when New Labour announced an overhaul of licensing in 1998, but dashed when it became clear in 2002 that controls were actually to be increased, with the scrapping of the exemption for one or two musicians in bars, and the introduction of licensing for 'entertainment facilities'.
When implemented, the Live Music Act will do away with the entertainment facilities licensing requirement. The unlicensed provision of pianos, or other instruments, for use in live performance will no longer be a potential criminal offence.
Performances of live music between 8am and 11pm will be exempt in pubs, bars, restaurants, schools, hospitals, and indeed all premises falling within the definition of a 'workplace' for the purposes of health and safety legislation.
For amplified music, audiences are limited to 200. There is no audience limit for unamplified live music. In premises already licensed for alcohol, existing conditions relating to the provision of live music will not be enforceable for performances between 8am and 11pm. But if there are noise problems, and complaints, a licence review could result in enforceable conditions.
The Bill also amends the Licensing Act to allow amplified live music to accompany performances of morris dancing or dancing of a similar nature.
Ironically, while deregulation for live music is going ahead in England and Wales, in Scotland entertainment licensing is being increased, much to the annoyance of those at the receiving end: http://bit.ly/A1ekNr
This is an untenable position for the Scottish government. The rationale for entertainment licensing there is the same: to control public safety and noise. But the legislation that regulates public safety and noise applies across the UK. It is absurd to have within one jurisdiction essentially the same gig legal in one part, but illegal in another, unless licensed.