I have now seen the latest government draft. I have prepared a redline showing it as an amendment to their previous (useless) 62B. It is below - but the redline did not come out even in blackline!.

It is still utterly useless in that it only applies if the premises licence already permits music entertainment (ie music and/or dancing in the new terms). The point the government refuses to take is that if the premises are already licensed for ANYTHING unamplified music adds no significant noise safety or disorder risks. Therefore the existing preemptive and reactive powers under other acts, and the existing powers in relation to the "anything" licence suffice for unamplified music and any further restrictions (such as are now proposed) are disproportionate and contrary to the ECHR.

It is also foolish in that it does not cover restaurants. It still does not recognise the current review of fire safety. It does not deal with the use of part only of larger premises. It only permits if the premises licence sets a capacity limit, so even the smallest events in large places will not benefit.

It is inadequate in that it does not provide for any form of traditional dance (most easily described as dance to unamplified music). It does not deal with the relay with amplification of music that is performed without amplification. It does not permit any small amplifiers (such as can readily be safety tested by so called "PAT" testing) which are necessary even for the most wel-mannered jazz guitarists - as could be dealt with by a mere notice requirement if amplification were to be used.

Curiously it does not regulate the use of additional lighting, or temporary staging, or obstruction of fire extinguishers, which used to be the goverments greatest express safety concerns. Is this an admission that the previous government remarks in those directions were ill-considered?

In summary it appears to be intended to be inadequate and less than useful, and a manifestation of the "NIH" (not invented here) syndrome.

Yours, etc


Latest version ( made up in composite)

62B        Page 97, line 35, at end insert—
        "Special provision for pubs etc.
               Live music in pubs etc.
            (1)    This section applies where—
                  (a)          a premises licence authorises—
                          (i)                the supply of alcohol for consumption on the premises, and
                          (ii)                music entertainment, and
                  (b)          the premises—
                          (i)                are used primarily for the supply of alcohol for
        consumption on the premises, and
                          (ii)                have a permitted capacity of not more than 200 persons.
            (2)    At any time between the hours of 8 am and midnight when the premises—
                  (a)          are open for the purposes of being used for the supply of alcohol for
        consumption on the premises, and
                  (b)          are being used for music entertainment, but not for the provision of any other form of regulated entertainment
                    any condition of the premises licence which relates only to the music
        entertainment, and is imposed by virtue of section 19(3)(b), 35(3)(b), 52(3)
        or 166(5)(b), does not have effect unless it falls within subsection (4).
        
        
        
        
        


            ( 4 )

            (4)    A condition falls within this subsection if, on a review of the premises
        licence,—
                  (a)          it is altered so as to include a statement that this section does not
        apply to it, or
                  (b)          it is added to the licence and includes such a statement.
            (5)    This section applies in relation to a club premises certificate as it applies in
        relation to a premises licence and, in the application of this section to such
        a certificate, the reference in subsection (2) to section 19(3)(b), 35(3)(b), 52(3)
        or 166(5)(b) is to be read as a reference to section 72(3)(b), 83(3)(b) or 86(3).
            (6)    In this section—
                           "music entertainment" means—
                          (a)                the provision of entertainment consisting of the performance of unamplified music
        
        
                          (b)                the provision of
        
        
        facilities for enabling persons to take part in entertainment within paragraph (a)
                           "permitted capacity", in relation to any premises, means—
                          (a)                where a fire certificate issued under the Fire Precautions Act
        1971 (c. 40) is in force in respect of the premises and that
        certificate imposes a requirement under section 6(2)(d) of
        that Act, the limit on the number of persons who, in
        accordance with that requirement, may be on the premises
        at any one time, and
                          (b)                in any other case, the limit on the number of persons who
        may be on the premises at any one time in accordance with
        a recommendation made by, or on behalf of, the fire
        authority for the area in which the premises are situated (or,
        if the premises are situated in the area of more than one fire
        authority, those authorities); and
                           "supply of alcohol" means—
                          (a)                the sale by retail of alcohol, or
                          (b)                the supply of alcohol by or on behalf of a club to, or to the
        order of, a member of the club."