I wonder where the truth lies. I wrote to Tony Guitarman Blair and my letter was passed of course to the Dept of Culture. I had been therefore before but they said

AIrnhA nnd Pntprtiinmpnt 1 it?pncina        1 nnrinn rZW1Y rnW        P:nv wn 7711 AR
Alcohol and Entertainment Licensing        London SW1Y 5DH        Fax 020 72116319
        www.culture.gov.uk        claire.vickers
                @culture.gsi.gov.uk



Our ref: 02/17246
1 91h November 2002

Thank you for your letter of 28 October to Tony Blair in connection with the EDM 1182 and our proposals for the reform of the current public entertainment licensing laws. 1 am replying on his behalf.

We fully support the sentiments of the EDM 1182 and 1 appreciate your concerns with regard to the proposals but would like to assure you that the new licensing system would provide increased opportunities for musicians and other performers. It may be helpful if 1 explain in detail what is proposed. Although the "two in a bar rule", which is an exemption from the normal requirement for a public entertainment licence, will be abolished for the perfectly sound reason that one musician with modern amplification can make as much noise as three without, 1 am confident that the proposed reforms will provide a licensing framework within which musical performance and dance could thrive and develop, while providing adequate protection for the local people in the community.

Under the new licensing regime, the concept of a public entertainment licence will completely disappear. Permission to sell alcohol, provide public entertainment, stage a play, show a film or provide late night refreshment will be integrated into a single licence ? the "premises licence". This will integrate six existing licensing regimes into one, cutting at a stroke significant amounts of red tape. Accordingly, under our proposals, any public house will need to obtain permission to sell alcohol for consumption on those premises and will be free to apply simultaneously for permission to put on music or dancing or similar entertainment whenever desired. The fee for such a premises licence will be no different whether the pub simply seeks permission to sell alcohol or if it decides to go for multiple permissions. There will therefore be no deterrent to seeking multiple permissions. The position now is that many pubs are wary of obtaining a separate public entertainment licence because the costs can be prohibitive in some local authority areas. Subject to our continuing discussions with stakeholders, any

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Department for Cutture, Media and Sport

variation in fees will more likely relate to the capacity of the venue so that smaller venues pay less than large ones. The fees will also be set centrally by the Secretary of State to eradicate the wide and sometimes unjustified inconsistences that presently exist

The premises licence will also set the hours that the premises may open for its activities, and set fair, necessary and proportionate conditions under which these activities may take place. This will achieve three important purposes: the prevention of crime and disorder; the assurance of public safety and the prevention of undue public nuisance. It is essential that the greater freedom and opportunities which will be available to licensees and performers are balanced with powers to deal with the small minority who might abuse such freedom, damage communities and bring the industry into disrepute. Under the new regime, local residents will have the right to object to the grant of a licence or certain parts of the operator's proposals and to have their views considered. This means, for example, that any conditions affecting noise being emitted from the premises might be more restrictive after, say midnight, than before.

Public entertainment, which will be covered by the premises licence, will be defined as music or dancing, or entertainment of a like kind, which is presented publicly for commercial purposes or for gain. Public singing which is not undertaken for profit or gain will not be affected.

We will not accept that it is the case that certain types of music, for example acoustic, are never "noisy" or that they should be excluded from the licensing regime. If public music is to be performed at a premises, then the licensing authority will have the power to impose necessary and proportionate conditions in order to protect residents and customers. The conditions will not be standardised. The licensing authority will be required to tailor them to the style of venue. Major venues staging rock bands will be likely to be the subject of more restrictive conditions than a small pub or club which puts on unamplified live music.

The new reform Bill will require local authorities to follow rules and procedures. They will have no discretion to refuse a licence or impose any condition unless a reasonable objection to the licensee's operating plan has been raised by the police, an environmental health officer, the fire authority or local residents. In granting or refusing licences, or imposing any conditions, the local council will be legally bound to take into account guidance issued by the Secretary of State. Departure from this guidance, without a good or valid reason, will provide grounds for an appeal to the courts.

We are confident that the licensing reform proposals will provide a major boost for tourism by sweeping away considerable red tape and making our cities, towns and countryside more attractive to visitors from the British Isles


and Abroad. As you may know the Licensing Bill has been introduced and it is now for Parliament to debate its contents however 1 hope the information 1 have provided helps to clarify the proposed reforms.

Yours sincerely

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Claire Vickers
Alcohol & Entertainment Licensing Division