This is a reply to my MP from the Minister for Tourism, Film and Broadcasting at the Department for Culture, Media and Sport, Dr Kim Howells MP

.......I am replying as the Minister responsible for licensing law.

I appreciate the points made by Mr Shaw about persons playing music for their own benefit in licensed premises. It might be helpful if I explain the current law and the measures we are proposing to reform the licensing system.

Public entertainment licensing law is contained in the Local Government (Miscellaneous Provisions) Act 1982, which applies to areas outside of London, and in the London Government Act 1963. These Acts provide that any public performance of music, dancing or similar entertainment cannot take place in any premises except in accordance with the terms of a public entertainment licence granted by the local council. However, under Section 182 of the Licensing Act 1964, a public entertainment licence is not required if music or dancing is performed by less than three performers on licensed premises, i.e. the "two in a bar rule". As the Law currently stands, whether an activity is a "public performance" is a question of fact in each case which can only be determined by the courts.

The Government believes that the "two in a bar rule" is out of date and we are proposing to repeal this as part of the licensing reform package announced in the White Paper "Time for Reform", which was published in April last year. This can be read or downloaded from the DCMS website (www.culture.gov.uk).

Under the proposed new Licensing system, all venues which serve or sell alcohol or provide entertainment to the public would be required to obtain a premises licence. Operators would be required to submit an operating plan showing all activities to be provided at the venue, including any type of entertainment. The local council, acting as the licensing authority, would then decide the conditions to be imposed on those activities and on the premises itself, including the opening hours. However, the legislation will ensure that local authorities make their decisions based on the need to protect public safety and to prevent disorder and noise nuisance. These factors are the sole purpose of a licensing system and it is sensible that all activities on the premises, including any form of entertainment, should be included in this process.

The Council would be required to make their decisions after considering any views submitted by the police, local residents and other interested bodies. This procedure would allow musicians and other performers to submit comments to the authority in support of any plans by venues to provide Live entertainment. As well as rules in legislation, we will also issue guidance to local authorities to ensure that licence applications are handled in a fair and consistent manner, and that the fees charged are reasonable. The package of reforms will introduce a flexible and simplified Licensing system which will reduce the existing burden on operators of having to apply for separate liquor and public entertainment Licences. It will allow operators to put forward plans for entertainment activities which the local councils would be obliged to consider favourably and only impose conditions based on disorder, safety or nuisance factors

. Although room could not be found in the congested legislative programme for the 2001/2002 session, we intend to bring forward legislation on licensing reform as soon as Parliamentary time is available.

Signed Dr Kim Howells MP