The Mudcat Café TM
Thread #30423   Message #390498
Posted By: GUEST,Hamish Birchall
05-Feb-01 - 01:00 PM
Thread Name: Sessions under threat in UK?
Subject: RE: Sessions under threat in UK?
Following requests for more info: Section 182 is part of the 1964 Licensing Act. This is the Clause, with notes, adapted from Pattersons 1999 (a standard law reference book):

182.1 Relaxation, with respect to licensed premises, of law relating to music and dancing licences and billiards. No statutory regulations for music and dancing(1) shall apply to licensed premises(2) so as to require any licence for the provision in the premises of public entertainment by the reproduction of wireless (including television) broadcasts [or of programmes included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service],(3) or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound, or by not more than two performers, or sometimes in one of those ways and sometimes in the other.(4)

182.2 ….5 Previous corresponding enactment: Licensing Act 1961, s.23 (2), (3).

NOTES (1) See s.201(1), post. (2) See s.200(1), post. (3) Words inserted by Broadcasting Act 1990, s.203(2), Sch.20, para 7. (4) However a combination of any of these alternatives, e.g. recorded sound and one or two live performers playing at the same time would require an entertainment licence. The use of a karaoke machine in a public house should be covered by an entertainment licence. (5) Repealed by the Billiards (Abolition of Restrictions) Act 1987, s.1, Schedule.

* * * * *

Note that the clause is an exemption from the general requirement that all public entertainment should be licensed. The definitions of public entertainment that apply occur in the London Government Act 1963 (for premises inside London) and the Local Government (Miscellaneous Provisions)Act 1982 (premises outside London). (If you want more info on this pls let me know).

Andrew Cunningham is the Home Office civil servant who wrote the licensing White Paper. Consultation is officially over, and at this stage Government lawyers will be sketching out the wording of a new Bill.

Mr Cunningham is also, in effect, a Government spokesman in that he gives talks and presentations to industry conferences/meetings about the future of licensing. He would probably respond positively to an invitation from an organisation representing folk musicians.

I should be meeting Andrew Cunningham sometime in the next two/three weeks as part of the Arts Council consultation. I have already promised to include statements/representations from folk musicians who have contacted me directly, and to draw attention to the existence of this discussion forum.

If you have first-hand experience of local authority enforcement of PELs, including conditions/fees that have prevented local performance, please either copy to me or write direct to the Home Office (Andrew Cunningham or Lord Bassam). However, a co-ordinated approach would be better - and not being a folk musician myself, you will know far better than me the channels of communication which might be used to lobby organisations that represent folk music.

You might also contact your Regional Arts Board, and ask to speak to whoever is responsible for the 'social inclusion' policy there. The connection between this new responsibility and the need for licensing reform for live music has now been accepted by the Arts Council. By all means mention that I am working with Nikki Crane at the Arts Council of England on this (0207-333 0100).

Last but not least, try to find local press/tv reporters with an interest.

Yours Hamish ham.drum@virgin.net