The Mudcat Café TM
Thread #54406   Message #843157
Posted By: The Shambles
07-Dec-02 - 03:03 PM
Thread Name: MSG: x Pete Mclelland Hobgoblin Music
Subject: RE: MSG: x Pete Mclelland Hobgoblin Music
This from Hamish Birchall.

The Liberal Democrats are leading the way in the Lords by sponsoring key live music amendments to the draconian 'none in a bar' Bill (see below for URL link and details).

The amendments would exempt live acoustic music, or live music where amplification is no more audible than the unamplified instruments, or live music that was incidental to other activities. Another amendment would exempt small premises, providing the entertainment finishes at 11pm, and no charge is made for entry. This is very close to the Scottish licensing regime as it applies to live music, and what the Musicians' Union recommended for England and Wales.

PLEASE SHOW YOUR SUPPORT BY WRITING TO LORD REDESDALE and BARONESS BUSCOMBE (and any other Lords who have an arts interest, urging them to support these amendments): House of Lords, London SW1A OPW (switchboard: 020 7219 3000).

Credit for the original idea and wording of the acoustic exemption belongs to folk musician lawyer Richard Bridge. The wording was further refined by Robin Bynoe, also a musician and lawyer. Robin has also helped considerably with some of the MU proposed amendments that were rejected by the Department for Culture before the Bill's publication on 15 November. Both Richard and Robin have worked pro bono publico, and I am extremely grateful for their help.

I met with Lord Redesdale earlier this week particularly to discuss the acoustic amendment. He has taken the initiative by sponsoring this and others relating to exemptions for educational and social establishments. He is supported by Baroness Buscombe (Shadow Conservative culture Minister in the Lords), as well as Lord Luke and Baroness Harris of Richmond. Baroness Buscombe has already put down amendments that would exempt churches. She has also introduced an amendment that would include satellite or terrestrial tv broadcasts as a licensable entertainment.

The Lib Dems and Conservatives combined are the majority of the Lords. While we cannot know whether the Government would accept these amendments when the Bill goes to the Commons next Spring, they nevertheless represent a serious challenge to the Government.

http://www.publications.parliament.uk/pa/ld200203/ldbills/001/amend/am001-f.htm

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE

Page 110, line 32, at end insert—

"Unamplified Music incidental to certain other activities

The provision of entertainment consisting of the performance of live music (and not comprising or including the playing of recorded music) is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that the conditions specified in paragraph (2) are satisfied and to the extent that it is incidental to some other activity that is not itself—

a)entertainment of a description falling within paragraph (2), or

b)the provision of entertainment facilities

(2)The conditions referred to in paragraph (1) are that—

a)the other activity referred to in paragraph (1) is the subject of, and is undertaken in accordance with a licence granted under this Act; and

b)the number of persons undertaking the activity referred to in paragraph (a) above does not exceed 100 or such other number of persons permitted to be present in accordance with the licence referred to in paragraph (a); and

c)the live music being performed is not provided in whole or part by means of, or with the assistance of, electrical or electronic amplification, or made more readily audible by such amplification either in the place where the performance is occurring or in any other place."

Page 110, line 32, at end insert—

"Small premises

The provision of entertainment or entertainment facilities is not to be regarded as regulated entertainment for the purposes of this Act if—

a)it is undertaken on premises on which no more than 250 persons are present;

b)no charge is made for entry; and

c)the provision of the entertainment creases no later than 11 pm"

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE

Page 110, line 32, at end insert—

"Educational and social establishments

The provision of entertainment or entertainment facilities is not to be regarded as regulated entertainment for the purposes of this Act if it is undertaken on the premises of—

a)an educational establishment for purposes directly connected to the activities of the establishment;

b)a prison for purposes incidental to the activities of the prison;

c)a hospital for purposes incidental to the activities of the hospital; or

d)a museum or public gallery for purposes incidental to the activities of the museum or public gallery."

THE LORD REDESDALE
THE BARONESS HARRIS OF RICHMOND
THE BARONESS BUSCOMBE
THE LORD LUKE

Page 111, leave out lines 13 and 14