Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Mar 11 - 07:31 AM

The fact that this opposition has been expressed 'in a forthright manner' to DCMS [ICO decision, para 59] tends to reinforce concerns that prejudice and resistance to change underpins their position.

The stated grounds and concerns that the LGA Group use in their active opposition to any proposed exemptions are equally applicable to the many (and often illogical) existing exemptions already contained in the Licensing Act 2003 - to which the LGA Group do not activly oppose and which have not been shown to menace the public.

Producing the requested information is the only one way that the ICO, LGA, DCMS could demonstrate that the LGA Group's continuing, active and seemingly automatic opposition to any propsed exemptions is NOT due to prejudice and resistance to change.

The extent of their reluctance to do this is probably answer enough.

Sadly this and my personal experience shows that the safeguards and appeals (such as those under the FOI Act and Local Government Ombudsman) that should enable the public to be treated fairly contain far too many opportunities for the offending authority to not only maintain their original positions but to be able to launch personal attacks on members of the public trying to use the process for its stated pupose.

This only proves, if proof was neeeded, that considerable power is exerted in licensing matters (both nationally and locally) by those who are not prepared to be held to account for their actions. Until this is changed to enable open examination by the public - should we be surprised if prejudice (and possobly even worse factors) continue to be responsible for some of the actions that affect us all?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Mar 11 - 04:06 PM

http://www.culture.gov.uk/news/news_stories/7950.aspx

John King comments:
Licensing Minister John Penrose leading a conga off Weston-Super-Mare's Pier into an area not licensed for dancing. Max penalty £20,000 fine or 6 months in jail.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Mar 11 - 04:25 AM

http://www.youtube.com/watch?v=8NeHKy_euxs&feature=youtu.be

Lord Clement-Jones speaks about the Live Music Bill

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 24 Mar 11 - 07:04 PM

The following from Hamish Birchall

In a letter to Tessa Jowell MP dated 21 March, Culture Secretary Jeremy Hunt has hinted that entertainment could be removed from the Licensing Act altogether:

'As you may well have heard, Baroness Rawlings announced during the recent debate on the Live Music Bill that it is the Government`s intention to be supportive of the Bill. We will also be looking into whether we can go further than the Bill by deregulating entertainment from the Licensing Act 2003, and John Penrose [licensing minister] hopes to be in a position to say more in the coming weeks.'

The letter was sent in response to an enquiry from Annie Bright via her MP, Tessa Jowell. Ms Bright is a jazz singer, former Equity Council vice-president and currently an elected Equity Councillor. In 2002, when she herself was Culture Secretary, Ms Jowell launched the then Licensing Bill as 'a licensing regime for the 21st century'.

On 8th March 2006, about three months after the Licensing Act 2003 came into force, Ms Jowell found herself on the wrong side of her own Department's legislation. She participated in what turned out to be an unlicensed and illegal singalong while celebrating International Women's Day in Victoria Tower Gardens, next to the Houses of Parliament. The licensing authority, Westminster council, generously said they would not prosecute, as it was a first offence. See contemporary coverage in The Times:
http://www.timesonline.co.uk/tol/news/uk/article742042.ece
and BBC video of the singalong: http://bbc.in/fhrQCQ

Jeremy Hunt's 'deregulation' could be the 'radical solution' to which Penrose referred on 21 June 2010 in response to a question from John Whittingdale, chair of the all party Culture, Media & Sport Committee:

Mr John Whittingdale (Maldon) (Con): 'Is my hon. Friend aware that the unanimous recommendation of the Select Committee
- that there should be an exemption for smaller venues of a capacity below 200 - was supported by the previous Government, who were intending to introduce a regulatory order to provide an exemption for venues of a capacity below 150, and that there was widespread disappointment that that was not done? Will he confirm that he sees no need for any further consultation and that he will move to introduce the necessary order as soon as possible?'
John Penrose: 'My concern is that my hon. Friend's proposal goes for a particular solution when there might be a broader and potentially more radical solution that should also be considered. If we go for other alternatives, we will need to consult on them, but if we decide to go down the route of ideas that have already been thoroughly canvassed, I would obviously want to move as fast as possible and reduce the level of consultation to the bare legal minimum.'

On 16 February this year, Whittingdale tabled an Early Day Motion (EDM 1465) calling on the government to implement an exemption 'without delay'. 35 MPs have signed so far: http://www.parliament.uk/edm/2010-11/1465

Lord Clement-Jones' live music bill is awaiting its Committee stage in the Lords, possibly by June:

http://www.publications.parliament.uk/pa/ld201011/ldbills/012/11012.1-i.html

Given that the government is already supportive of the bill, what better vehicle to implement a radical deregulatory solution for live music.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 05 Apr 11 - 08:16 AM

http://mobile.oxfordtimes.co.uk/news/8942607.Facebook_face_off_over_Charlbury_festivals_noise/

John King comments:
Rival campaigns have been set up to fight for and against noisy (sic) festivals in Charlbury. Mark Hofman is seeking a reduction in festival noise (sic) in the town centre from 65dB to a yet-to-be decided lower limit. 65...dB is lower than a sneeze, a barking dog, a mobile ring-tone...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 Apr 11 - 05:26 AM

http://www.iwcp.co.uk/news/news/couple-defend-proposals-for-former-hotel-38071.aspx

John King comments:
"Right from the outset a number of people decided they were going to try to bully us and take away our livelihood."

'Frightened' residents persuade the Council to install a noise limiter for music at a wedding venue. And yet weddings are EXEMPT from licensing...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 Apr 11 - 05:33 AM

http://www.herefordtimes.com/news/local/8958018.Mamma_Jammas_in_Hereford_s_West_Street_gets_go_ahead_for_live_music_and_dancing/

John King comments:
Because of hearsay evidence about noise from recorded music (which means DJs), environmental health officers at Hereford Council ban live music for six days a week, while allowing DJs to carry on.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Apr 11 - 10:53 AM

http://www.redtapechallenge.cabinetoffice.gov.uk/home/index/

1. We publish

Every few weeks we publish all the regulations affecting one specific sector or industry
2. You respond

You tell us what's working and what's not, what can be simplified and what can be scrapped
3. We act

Based on your feedback, we start getting rid of unnecessary red tape.

    * 6 May         Hospitality, food and drink
    * 20 May       Road transportation
    * 2 June       Fisheries, marine enterprises                   and internal waterways
    * 16 June      Manufacturing
    * 23 June      Healthy living and social care
    * 7 July          Media and creative services
    * 21 July       Utilities and energy
    * 4 August    Rail and merchant shipping
    * 18 August   Mining and quarrying

Subject: RE: Licensing consultation announced!
From: BanjoRay
Date: 14 Apr 11 - 12:45 PM

It's worth listening to BBC4's You And Yours (today's prog 14/4/11)
Should be here. Listen especially to the last 10 minutes where Feargal Sharkey corrects David Cameron's statement that you won't need a PEL for entertainment at a Royal Wedding Street Party. Only Morris Teams will be exempt, so book one now.....

Ray

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Apr 11 - 06:39 AM

Thanks Ray

Perhaps Mr Cameron's position should be tested and all this day's non- licensed events should be reported to the local Licensing Authority. And if they take no action - they can be reported for failing to enforce the legislation that they would claim to have a duty to do on any other day.

Is it that the only partly useful role now played by our royalty - is to give us a a day's respite from the nit-picking legislation and oppressive red-tape that we have to endure and have to see and be defended on every other day?

This day has highlighted the hold that all forms of red-tape now have. Now that it has been highlighted, Our Prime Minister should be telling us what his Govt proposes to do address and reverse this situation.

Instead, because it is inconvenient, the advice is for the public to ignore the legislation and presumably for those who employed to enforce it on every other day, to also ignore it............

Perhaps this instruction can be given for every other day?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Apr 11 - 08:32 AM

http://www.westendextra.com/news/2011/apr/song-guy-lock-stock-director-ritchie-could-reapply-live-music-licence-punchbowl-pub

John King Comments:
Guy Ritchie reapplies for a live music licence. Westminster Council allow DJs to play in the pub, but unamplified live music is banned, as is now the case in the majority of licensed premises.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Apr 11 - 02:54 AM

http://www.southwestbusiness.co.uk/cornwall/events-eco-park/article-3441485-detail/article.html

John King comments:
A Porthtowan "eco-park" has been granted a licence to stage 30 live music events each year. Unfortunately, the council has banned amplification for outdoor events, and has reduced the number of people who can attend to 200.

Explaining its decision, the committee said: "It is considered that reducing the number of those allowed to attend and the conditions in respect of non-amplified music outside, together with the requirement for windows and doors to be closed while regulated music takes place, will alleviate the concerns in respect of public nuisance."

The committee's use of the term regulated music (here for indoor entertainment) is confusing as the outdoor entertainment must also be considered by them to be Regulated Entertainment - or they would be unable to place conditions on it.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Apr 11 - 06:48 AM

http://www.morningadvertiser.co.uk/news.ma/article/90396

|John King comments:
If the Police Reform and Social Responsibility Bill goes through Parliament without amendment, you won't have to live in the vicinity of a premises to object to a live music licence - and in Camden you can now send in objections by text.

Although in practice, the vast majority are objections and it objections that are already being encouraged by the local process - the legislation does not in fact limit submissions from the public to licensing applications, to objections. So it will also be possible for those who do not live in the vincinity to support applications.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Apr 11 - 08:35 PM

http://www.london24.com/news/late_night_woodford_pub_plans_canned_1_873540

John King comments:
Another venue bites the dust. A live music venue applies for a later licence and ends up with a noise limiter.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 29 Apr 11 - 05:37 AM

The following from Hamish Birchall

'... This is fantastic for the branding of Britain... this is our Beijing moment. This is having thousands of people marching in precise step, in absolute lockstep, in a way that is so impressive when you look at it, it's so difficult to do, we do it brilliantly, and do you really think that a billion people are going to be tuning into Britain for the marriage of a president's grand-daughter?'

Historian Dr Andrew Roberts speaking in support of the royal wedding, BBC Radio 4 Today, Thursday 28 April 2011, approx 8.58am:
http://news.bbc.co.uk/today/hi/today/newsid_9470000/9470102.stm [from 3'50"]

One wonders whether Dr Roberts is similarly moved by the precision marching of the Red Army in Red Square, or the Nazis in Nuremburg.

The lockstep is also a dance move, but dancing in pubs and bars in England has been illegal unless licensed since the 1750s.

In 2002, Westminster council successfully prosecuted Wolverhampton and Dudley Breweries (W&DB), owner of the high street chain Pitcher & Piano because licensing officers witnessed the 'rhythmic moving' of customers to music in two of its sites, Trafalgar Square and Soho. Neither venue was licensed for dancing. W&DB was fined £5,000 and ordered to pay £1,600 costs in addition to its own legal fees:
http://www.thisislondon.co.uk/news/article-2164697-pubs-fined-over-dancing-drinkers.do

Despite its billing as 'a licensing regime for the 21st century' by former culture secretary Tessa Jowell, the Licensing Act 2003 actually extended the criminalisation of unlicensed music and dancing, catching private charity fund-raising dances and concerts for the first time. Somewhere between 50% and 80% of bars, hotels and restaurants remain unlicensed for dancing.

But marching is surely 'rhythmic moving', so will there be mass public arrests today? Unlikely.

If licensing officers were looking forward to a bit of action, the Prime Minister no less has fired a shot across their bows:

'The Department for Culture, Media and Sport can see no reason why venues should require a separate permission to simply allow customers to sing or dance as they celebrate the Royal Wedding. I am sure that, in interpreting and enforcing licensing laws, local authorities will agree with the Prime Minister that unnecessary regulation should not get in the way of the celebrations. Premises which are already authorised to provide entertainment facilities will, of course, be able to do so during the extended hours under the Order.'
[Written answer, not yet published online, from Baroness Rawlings to a question from Lord Clement-Jones HL8487]

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Apr 11 - 05:53 AM

[Written answer, not yet published online, from Baroness Rawlings to a question from Lord Clement-Jones HL8487]

'The Department for Culture, Media and Sport can see no reason why venues should require a separate permission to simply allow customers to sing or dance as they celebrate the Royal Wedding. I am sure that, in interpreting and enforcing licensing laws, local authorities will agree with the Prime Minister that unnecessary regulation should not get in the way of the celebrations.

Perhaps it could be explained why venues should require a separate permission to simply allow customers to sing or dance as they celebrate all things except Royal Weddings and why licensing officers would continue to advise that the law gives them no alternative but to follow what they claim to be their statutory duty to prosecute unlicenced singing and dancing on every circumstance except Royal Weddings?

The DCMC may agree with the Prime Minister and may indeed be sure that local authorities will also agree but none of these parties can alter the words of the legislation - which apply on every day of every year.

If it is considered by the DCMS, the Prime Minister and local athorities that such legislation is "unnecessary regulation" which gets in the way of celebrations - what is being proposed to alter this?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Apr 11 - 06:17 AM

http://www.morningadvertiser.co.uk/news.ma/article/90448

During a debate yesterday, during the second reading of the Police Reform and Social Responsibility Bill, Lord Clement-Jones said he is particularly worried about the impact the proposed "vicinity test" would have on live music. The 'vicinity test' allows anyone in the country to issue a complaint against a licence.

Despite all of this Gov't's rhetoric about reducing red-tape and encouraging live music - the only thing it has yet proposed are these.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Apr 11 - 09:50 AM

Clever use of words by the Prime Minister. It sounds tough and purposful but of course it means nothing.

Can there ever be such a thing as unnecessary regulation on the part of a local licensing authority?

They would claim only the be enforcing the requirements of the legislation and by what process could they be made to alter their view and actions?

If there is unnecessary regulation it is the legislation and its local devolved enforcement which needs to be addressed and the Prime Minister proposes no such change.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 May 11 - 06:59 AM

'The Department for Culture, Media and Sport can see no reason why venues should require a separate permission to simply allow customers to sing or dance as they celebrate the Royal Wedding. I am sure that, in interpreting and enforcing licensing laws, local authorities will agree with the Prime Minister that unnecessary regulation should not get in the way of the celebrations.

The following celebrations are not a Royal Wedding - so it is OK for regulation enforced by local authorities to get in the way!!!

http://www.redditchstandard.co.uk/story-Blocking-move-halts-planned-music-event-40326.html

A CONTROVERSIAL May Day celebration event planned to be staged in Inkberrow will not now go ahead after councillors moved to block the plans.

As reported in the Standard last week, the Horsedrawn Camp had submitted a temporary event notice which would have allowed them to have up to 499 people at Lower Farm from today to Monday (April 29 to May 2), as well as live music and entertainment.

But following an objection from West Mercia Police, Wychavon District Councillors decided to put a stop to the event at a licensing sub-committee meeting last Thursday (April 21) on the grounds it could have caused crime and disorder. The proposal had caused uproar in the village with more than 100 residents believed to have contacted police to express their concerns.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 May 11 - 07:05 AM

Should the Mayday 'entertainment' here be limited to Morris dancing to non-amplified music - it would be exempt from the licensing requirement.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 10 May 11 - 08:13 AM

http://www.redditchstandard.co.uk/story-Organiser-in-vow-to-host-more-camps-41224.html

THE ORGANISER of an unlicensed event held in Redditch has vowed to keep holding meetings without being granted permission as a show of defiance to authorities.

Up to 400 members of the Horsedrawn Camp descended on a field off Crumpfields Lane in Webheath for the Beltane Bash over the bank holiday weekend (April 29 to May 2).

Would our Prime Minister consider that the same regulation thought neccesary for this celebration is not necessary for celebrating a Royal Wedding? Whatever he thinks - he does seem to accept that there IS regulation which is not necessary - so what changes to this legislation is he proposing?

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 13 May 11 - 11:02 AM

The following from Hamish Birchall

As part of a renewed drive to cut red tape, the Government has launched a website - Red Tape Challenge - seeking public feedback on the Licensing Act: http://www.redtapechallenge.cabinetoffice.gov.uk/licensing/

Should licensing regulations be simplified, reduced or scrapped altogether? Comments include these from Louise McMullan, Parliament & Research officer for Equity, the performers union:

'We remain of the opinion that the inclusion of regulated entertainment in the Licensing Act 2003 is not necessary and has greatly increased bureaucracy for very little benefit to the licensing objectives.'

But despite the pledge to cut red tape, and government support for Lord Clement-Jones' live music bill, licensing problems for live music are likely to get worse before they get better.

Ironically, the cause will be the very legislation cited on Red Tape Challenge as the remedy for antisocial behaviour and alcohol-related crime: the Police Reform and Social Responsibility bill, expected to gain Royal Assent by the autumn.

The bill includes these measures which will entangle in more live music in licensing red tape:

a) Councils will be allowed to impose conditions on Temporary Event Notices (TENs), the licence required if the premises is not already licensed for live music. At present only the police are allowed to object on crime and disorder grounds;
b) anyone within a council area will be allowed to object to a licence application, not just those living in the vicinity of the venue; and
c) the evidence test for imposing licence conditions will lowered from 'necessary' to 'appropriate'.

Lord Clement-Jones has already questioned the need for these changes, and warned of the potential problem. During Parliamentary debate on 27 April he said:

'Where is the justification for these changes? Where is the evidence that these additional powers of objection are needed? Are we just creating more bureaucracy for community groups for no purpose? What price the big society and local initiative?'

Once again it looks as though within Government there are contradictory approaches to the regulation of live music. Which has the upper hand is likely to remain uncertain until the Committee stage of Lord Clement-Jones' live music bill, for which a date has yet to be announced.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 May 11 - 11:28 AM

Ironically, the cause will be the very legislation cited on Red Tape Challenge as the remedy for antisocial behaviour and alcohol-related crime: the Police Reform and Social Responsibility bill, expected to gain Royal Assent by the autumn.

The majority of the support for increased legislation to address antisocial behaviour and alcohol-related crime comes from those (including those in our coalition Govt) who seem not to be aware, that since the introduction of the Licensing Act 2003, there is no longer such a thing as an alcohol licence.

And until once again, there is such a thing (and this is not even proposed) - all the anti-drink measures will also apply and make life even more difficult to many activities and in all premises, rangeing from school concerts to exhibition games of darts, many of which will not involve the sale or consumption any alcohol.

For example - a cafe, serving no alcohol but wishing to provide any form of live music, will need to obtain the same Premises Licence as a pub and be open to the same objection process.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 13 May 11 - 11:58 AM

http://menmedia.co.uk/manchestereveningnews/news/s/1420365_residents-up-in-arms-over-plans-for-heaton-park-to-host-music-festiva

John King comments:
42 people - out of the entire city of Manchester - object to a live music festival. This does not mean that 'residents are up in arms' and should not be a green light for the Local Council ...to ruin an event for the enjoyment of 210,000 people.

Subject: RE: Licensing consultation announced!
From: Tootler
Date: 13 May 11 - 07:32 PM

Have you made your views known on the govt. website linked above?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 May 11 - 07:51 AM

You can fill a millitary plane with all the deadly instruments of war that it can take - but not it would seem - with even more deadly instruments, like trombones, drums and trumpets!

http://www.theyworkforyou.com/wrans/?id=2011-05-13a.251.6

Lord Berkeley: To ask why they transported a military band to the Falkland Islands to celebrate the Queen's birthday on 21 April after their musical instruments were removed before take-off; what contribution the band was able to make to the celebrations with...out any instruments; and what were the costs of such personnel transport to and from the UK

John King: Comments:
Apparently, the reason musical instruments cannot be taken as hand luggage is because of terrorism. But this was not a civilian flight - it was the ARMY.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 May 11 - 08:02 AM

Red Tape Challenger said on May 16, 2011 at 3:15 pm

Thanks for all of the comments. So I'm picking up very different views on entertainment licensing – which people seem to think should be relaxed – and alcohol licensing where the views are much more mixed. Keep them coming – we will make sure that the Departments that own the regulations see the comments and answer the points raised. I'm particularly interested in examples of where the rules have held back either businesses or other groups. On alcohol licensing it would be great to get even more practical suggestion for the way processes could be improved. Thank you for getting involved!

The official Govt person above would appear to want more comments from us on the subject of licensing..........

//www.redtapechallenge.cabinetoffice.gov.uk/licensing/#comments

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 May 11 - 08:08 AM

http://bathlibdems.org.uk/en/article/2011/487967/foster-hails-changes-to-live-event-licensing

John King comments:
Licensing Minister John Penrose described music licensing as 'mostly bonkers red tape, and it's time we consigned it to the bin.' LGA 'Culture' Spokesman Chris White described licensing as 'common sense legislation'. In St Albans, where White is on the Licensing Committee, five premises have restrictions on the genre of music live musicians are allowed to perform. All of these premises are allowed DJ's who can play whatever music they like.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 May 11 - 08:12 AM

GOVERNMENT TO SLASH 'BONKERS' RULES ON LICENSING LIVE EVENTS

The Government will next month move to scrap regulations controlling licensed entertainment in England and Wales. The current regime, established in the Licensing Act 2003, has been widely criticised by the music industry, schools, community groups and arts organisations who believe it has stifled new talent getting through, and put hundreds of small venues at risk of closure as well as discouraging community and fund raising events..

The current regime means you need a specific licence to:

put on an opera, but not a stock car race;
allow a folk duo to play in the corner of a village pub, but not for a packed city centre bar to show an England game on a big screen;
stage an athletics meeting indoors, but not for one outdoors;
put on a circus, but not a funfair;
hold a carol concert in a church hall, but not if it's in a church

The Government is therefore going to consult on scrapping licensing regulations apart from where there is a clear and overriding need for additional protections such as safety for spectators and noise nuisance for neighbours. But in most cases, these factors are already covered in long-established and effective legislation.

The licensing rules to be retained are therefore likely to be no more than those controlling:
events where alcohol is also available (but this would be simply an alcohol licence, and landlords\managers would not need an extra licence for live music or to host a film night, as they do at present;
very large scale events attracting thousands of spectators;
and
'adult' entertainment like pole dancing and lap dancing (where not already covered by the Police and Crime Act).

The plans would complement the work of the Home Secretary on alcohol licensing. The Government believes that it should be easier to put on entertainment, while at the same time tightening up on the sale of alcohol.

Tourism Minister John Penrose said:

"Live entertainment is a good thing. It improves our cultural life, provides enormous pleasure for millions and should be encouraged, not stifled by the clammy hand of bureaucracy. The current regime makes it harder for new talent to get a chance to perform in front of audiences, imposes a deadweight cost on small businesses and voluntary bodies who want to put on shows, and in a small but significant way, reduces our free speech.

"As long as we have proper controls on alcohol, and spectator safety and noise nuisance are controlled, the rest is mostly bonkers red tape, and it's time we consigned it to the bin."

Technical Note

1. The Government expects the entire reform programme to be deliverable through a combination of existing powers in the Licensing Act and Legislative Reform Orders.

2. Licenses currently cost between £100 and £1,905.

3. There are currently around 133,000 premises in England and Wales licensed for regulated entertainment; most also sell alcohol.

4. The Licensing Act 2003 requires a licence for a performance of a play; showing a film; indoor sporting events; boxing or wrestling (indoors and outdoors); live music; any playing of recorded music; or any dance performance. This can take in brass bands in local parks, Punch and Judy shows, travelling circuses, school plays and concerts, and school discos where an admission charge is made to benefit the PTA.

5. Licences cover free events to which the general public is admitted, and any public or private events where a charge is made with the intention of making a profit (even when raising money for charity).

Subject: RE: Licensing consultation announced!
From: nickp
Date: 18 May 11 - 09:20 AM

Sounds really hopeful - what's the source Roger?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 May 11 - 05:35 AM

Sounds really hopeful - what's the source Roger?

Yes - yet another consultation....

How hopeful this turns out to be is largely up to us. I fear that all those who have made contributions to the many previous ones - make be suffering from 'consultaion exhustion'.

As to the source - you can find it on the following site. It was touched upon in last weeks Sunday Times and later in the Times but it seems to have crept out..........

http://bathlibdems.org.uk/en/article/2011/487967/foster-hails-changes-to-live-event-licensing

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 May 11 - 08:11 AM

The Government is therefore going to consult on scrapping licensing regulations apart from where there is a clear and overriding need for additional protections such as safety for spectators and noise nuisance for neighbours. But in most cases, these factors are already covered in long-established and effective legislation.

The reference to not scrapping additional protections such as those for noise nuisance is a concern.

Before any move is made on this, the Govt would need:

1. To provide evidence to show where the safeguards under the existing noise legislation and other legislation are considered adequate to protect the public from noise pollution emanating from all other sources except that which is emanating from all forms of entertainment.

2. To demonstrate, if this legislation is considered to be inadequate in this regard, why any short-coming in this legislation cannot be improved in order to address these?

3. To demonstrate - as permission to make any form of noise pollution is not possible - why and how obtaining licensing permissions, from one council department and which need to be applied for in advance of a note being played but are still then subject to the protection of existing noise and other legislation, which is administered from another council department, can do anything but to continue to further confuse this situation and add to the red tape burden?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 May 11 - 11:30 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1045261&c=1

Today's sitting is expected to involve discussion about amendments to the licensing aspects. One of the key areas the government is looking to address is provisions in the Licensing Act 2003, with the intention of 'rebalancing' it in favour of local authorities, the police and local communities.

That could have serious consequences for live music and campaigners are worried that the so-called vicinity test might result in licences being revoked.

In an earlier reading of the Bill this month, Lord Clement-Jones stated that a proposed blanket ban on late night opening would be unfair to responsible venues which operate after the midnight deadline.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 23 May 11 - 04:19 AM

The following from Hamish Birchall

The government will launch a public consultation next month to scrap entertainment licensing altogether, except for very large scale events and adult entertainment such as pole dancing.

Under the proposals, trailed in the Sunday Times of 15 May under the headline 'No more licences to party', an alcohol licence would be sufficient to allow live music, without an additional authorisation. Licensing minister John Penrose said:

'Live entertainment is a good thing. It improves our cultural life, provides enormous pleasure for millions and should be encouraged, not stifled by the clammy hand of bureaucracy. The current regime makes it harder for new talent to get a chance to perform in front of audiences, imposes a deadweight cost on small businesses and voluntary bodies who want to put on shows, and in a small but significant way, reduces our free speech. As long as we have proper controls on alcohol, and spectator safety and noise nuisance are controlled, the rest is mostly bonkers red tape, and it's time we consigned it to the bin.'

Radical deregulation of the entertainment licensing regime was first hinted at by Penrose during Parliamentary debate nearly a year ago (21 June 2010). In a letter to Tessa Jowell dated 21 March this year, Culture Secretary Jeremy Hunt wrote:

'As you may well have heard, Baroness Rawlings announced during the recent debate on the Live Music Bill that it is the Government`s intention to be supportive of the Bill. We will also be looking into whether we can go further than the Bill by deregulating entertainment from the Licensing Act 2003, and John Penrose hopes to be in a position to say more in the coming weeks.'

Set against the sweeping deregulation now being proposed, the small gig exemptions in Lord Clement-Jones' bill look modest. But a DCMS source confirmed last week that government support for the bill would continue. A date for its Committee stage debate, where the government is expected to put forward some amendments, has yet to be fixed.

One likely reason for this continued support is that while the bill's exemptions could be implemented within a year, the bolder solution could take much longer.

Curiously, DCMS itself did not issue a press release. However, a more detailed account of the deregulation proposals was published by Lib Dem MP Don Foster on his Bath constituency website:
http://bathlibdems.org.uk/en/article/2011/487967/foster-hails-changes-to-live-event-licensing

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 May 11 - 06:24 AM

http://www.thecmuwebsite.com/article/aif-raises-concerns-over-police-reform-bill/

John King Comments:
More concerns over the Police Reform and Social Responsibility Bill. New powers to be given to councils to ban live music events, and rules of evidence to be relaxed. In practice, councils already allow any Tom, Dick or Victor Meldrew to complain about live music before it has ever happened. This FB group contains scores of examples.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 May 11 - 06:52 AM

http://www.thenorthernecho.co.uk/news/local/darlington/9044552.Families_oppose_bid_to_reopen_club/

John King comments:
Again.. a selfish neighbour moves next door to a pub and objects to a licence, saying: "This really is about my quality of life."

Never mind the quality of life for people who may be employed by the pub, and the benefits to the local economy.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 May 11 - 04:35 AM

http://blogs.culture.gov.uk/main/2011/05/package_holidays_backpackers_a.html

The following from Mr Penrose's blog.

>What else? Well, new data reveals that people from overseas - and here in the UK, of course – who go to music festivals and gigs in this country are contributing a record £1.4 billion to the economy, and supporting around 20,000 full time jobs. Live music is something we're really good at in this country and it's reassuring to know that its undoubted cultural value is backed up with a real and growing impact on the economy. Whether it's Glyndebourne or Glastonbury, or just a band in the back room of a pub, we know how to put on a show and these shows are feeding a visitor economy that draws in people from far and wide. In a different part of the forest I've been doing a lot of work on helping deregulate this sector, by the way. Live music is chronically over-licensed in this country and we're going to take the shears to all the red tape, but more of that shortly.<

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 May 11 - 04:39 AM

http://www.stamfordmercury.co.uk/news/local/dowsby_village_hall_loses_bid_for_alcohol_and_entertainment_licence_following_oppost

Dowsby Village Hall loses bid for alcohol and entertainment licence following oppostion from neighbours

South Kesteven District Council objected to the application, saying it was concerned that the hall is close to residential properties and live music being played outdoors late at night could lead to public nuisance.

The council said it could not give any further details about the committee's decision and the reasons for it because the minutes from the meeting had not been prepared.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 May 11 - 04:44 AM

http://www.wiltsglosstandard.co.uk/news/cotswolds/9053372.Party_poopers_fail_to_scupper_late_night_venue_bid/

Conditions of the license included pre-booking for all private functions and no promoting of events on social network sites.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 May 11 - 01:55 PM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1045375&c=1

Venue operators and promoters are worried that tweaks to the Licensing Act, as a result of the Police Reform and Social Responsibility Bill which is currently working its way through Parliament, will make it harder to organise live music events.

Chief among the controversial proposals are options for local authorities to ban alcohol sales between midnight and 6am, while there is also a suggestion that venues could be taxed with revenues split between the police and councils

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 Jun 11 - 07:29 AM

http://www.artshub.co.uk/uk/newsPrint.asp?sId=184186

The government has announced its plans to move ahead with de-regulating live music. Don Foster, culture spokesperson for the Liberal Democrats, has confirmed that the government plans to overhaul existing licensing regulations and will be launching a consultation next month.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Jun 11 - 08:55 PM

http://www.bridportnews.co.uk/news/9058917.Charmouth__Deal_is_struck_over_hall___s_new_licence/

CHARMOUTH residents have warned they will not tolerate late-night disturbance after a community hall was given an alcohol and music licence.

Residents feared St Andrew's Community Hall in Lower Sea Lane, a former church hall, would become a 'night club' if the late-night application was granted by West Dorset District Council.

Once again - live music is being limited - on grounds of noise and before a note has been sounded.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 09 Jun 11 - 10:49 AM

http://www.morningadvertiser.co.uk/news.ma/article/90797

The latest suggestion to come from the Government is that small-scale public entertainment should be 'de-licensed' entirely.

At this stage it is not entirely clear what the thinking is in this regard. Obviously, music campaigners will be overjoyed at the idea of a complete de-regulation. But local authorities and others will take a different view, feeling that musical activity in particular ought to be restricted or controlled from the outset.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 09 Jun 11 - 01:26 PM

http://www.telegraph.co.uk/property/propertyadvice/propertymarket/3305817/Sleepless-in-Birmingham.html

Sleepless in Birmingham
A new breed of city dweller bought into a dream - but they didn't take to the soundtrack, says Chris Arnot

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 10 Jun 11 - 07:00 AM

If (under pressure from the LGA Group lobby) any form of additional licensing is still said to be required for live music - as the other existing legisltion and licensing is deemed inadequte to protect the public in pubs - then by the same token, all the other of the Act's exemptions (including the TV sport one) would then also have to be scrapped.

Logic decrees that the existing exemptions are only possible because the other existing legislation IS currently judged to be adequate. If the LGA Group lobby thinks otherwise - it is up to them to prove that the other existing legislation is inadequate to deal with for any problems that specially may arise from live music alone.........

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jun 11 - 08:35 PM

http://www.theyworkforyou.com/lords/?id=2011-06-16a.928.0

John King comments:
Unless amended, the Police Reform & Spcial Responsibility Bill will create MORE red-tape for live music.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jun 11 - 08:38 PM

http://www.thisisnottingham.co.uk/Noise-nuisance-bar-told-music/story-12780187-detail/story.html

John King comments:
Nottingham City Council's incompetent licensing officers ban singing and live music at The Loft. The club's event listing (www.theloftbar.net) shows that the noise at 3:30am would have come from DJs. And yet, live music has been banned while DJs have not.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 21 Jun 11 - 10:40 AM

http://www.andoversound.com/pages/extranet/andover-pub-keeps-license-i-10882.php

Live music banned at Piston Broke. Again, DJs are allowed.

Local Authorities clamp down hard on live music often with no evidence whatsoever, while turning a blind eye to alcohol promotions which are potentially in breach of the Licensing Act.

See http://thepistonbroke.web.officelive.com/AboutUs.aspx

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Jun 11 - 10:43 AM

http://www.lancashiretelegraph.co.uk/news/9094769.Objections_to_Barlow_Institute_s_bid_for_alcohol_and_live_music_licence/

John King comments:
Live music at private functions is outside the scope of the Licensing Act. But don't let that stop Darwen Council's licensing committee...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Jun 11 - 10:45 AM

http://www.musicliveuk.com/latest-news/the-live-music-bill

Live Music Bill 2011

The Licensing Act 2003 has caused significant problems for the live music scene when it came into force in 2005. It meant that venues wanting to put on live music had to apply for a licence to do so and has been blamed for the decline in music venues. This has meant there are fewer places for musicians to play due to the unnecessary bureaucracy. It was introduced due to the suggestion that live music and social disorder are linked. The cost of applying for a licence meant that many venues decided against live music altogether.