Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Sep 11 - 02:22 PM

http://idocs.westminster.gov.uk:8080/WAM/doc/Licence-1664087.doc?extension=.doc&id=1664087&appid=5003&location=VOLUME20&contentType=application%2Fmsword&pageCount=1

John King comments:
Paste the above link into a browser. An example of licence conditions which DCMS is proposing to RETAIN. The Royal Academy of Arts, Burlington House: live music only permitted May to Sep, Fridays only between 18:00 and 22:00hrs. Amplification is banned.

If a new venue opened right next door to Burlington House, such conditions as those exsisting on the Royal Academy, which place needless limits on the live music, could no longer be placed and would be illegal.

Quite how the resulting unlevel playing field can be defended by the Govt proposing it - will make very interesting reading. Could such a prosecution be upheld if the Royal Academy where to be found to have breached an existing condition on activities which could no longer have such conditions legally imposed upon their newer competition?

I just love this condition: No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

The local licensing authority could not of course give permission for any form of noise nuisance and as it can only concern itself with that which may emanate from the entertainment activities specifically listed in Schedule 1, - the licensing authority can have no say in noise which may emanate say from the snoring of the members or of a chain saw being used as part of some future art installation.....

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Sep 11 - 02:40 PM

http://www.coventrytelegraph.net/news/coventry-news/2011/09/16/residents-concern-over-coventry-airport-entertainment-plans-92746

John King Comments:
Concerns over live music noise from residents living next to an airport.

Are these objections as absurd as it sounds?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Sep 11 - 02:48 PM

http://www.northnorfolknews.co.uk/news/businessman_s_anger_as_cafe_culture_plan_for_holt_falls_short_1_1025011

John King comments:
There is a myth that licensing authorities do not impose conditions on licences, and that they are somehow volunteered by the applicant. Here is Holt Town Council restricting live music ("a couple of violins playing Vivaldi") to indoors only and not after 9:00pm.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Sep 11 - 03:15 PM

http://www.warwickcourier.co.uk/community/no_warwick_town_centre_return_for_alibi_as_warwick_district_council_bans_live_music_at

John King comments:
Warwick District Council bans live music and another venue is put out of business.

This venue did not have any permission to make noise pollution - so why are environmental officers asking for permission for its live music permission to be removed, as a solution to what they claim to be noise pollution?

For now, any form of non-amplfied live Regulated Entertainment, which would not cause any noise pollution, is also prevented.

If the live music in question was not licensable or was exempt - this course of action (of getting the licensing staff to do their work for them) would not be open to them.

Is the claim being made that the environmental officers do not have effective noise pollution controls in other existing legislation and have to use the Licensing Act to deal with noise pollution, in this clumsy and unfocused way?

Subject: RE: Licensing consultation announced!
From: Richard Bridge
Date: 19 Sep 11 - 04:56 PM

Roger, most of your links don't work.

Obstruction of the Highway is a BAD THING - I feel almost more strongly about highways than about live music. That disposes of Fish Hill.

"Could be a nuisance" - a classic example of a bad condition because it is uncertain. The old Scottish condition (I think it was Glasgow, but it might have been Edinburgh) of "inaudible in any habitation" has much to be said for it. You should not have the liberty to impose music on others. The "other" restrictions on noise simply don't work.

What is needed, and it is simple, is for the use of electrical or electronic amplification equipment in any premises or place (ie not vehicle in motion) except for a private residence and then not so as to be audible in any other habitation) should be licenseable.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Sep 11 - 03:05 AM

http://ww3.wandsworth.gov.uk/moderngov/mgConvert2PDF.aspx?ID=14624

n) That a Metropolitan Police risk assessment, currently form 696, shall be completed
and submitted to the police at least 21 working days prior to any new regulated
entertainment event taking place.

John King comments:
Form 696 for "any new regulated entertainment" at Gatton Road Post Office.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Sep 11 - 02:05 PM

http://www.granthamjournal.co.uk/community/villagers_back_beleaguered_british_legion_after_music_ban_1_3076061

A spokesman for SKDC said the council reviewed then varied the licence because of complaints about noise. The spokesman added: "Here at SKDC we want to continue to work closely with the British Legion and we have advised them what work they need to carry out in order to reach a point when we can hopefully see a return to live music.

"The door is still very much open for live music to return if they can address the noise problems."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Sep 11 - 02:15 PM

There would appear to be some problems in getting the link to this article to work - so here it is in full.

Published on Tuesday 13 September 2011 08:00

OVER 40 noise complaints were made over the past five years against Alibi and its predecessor, Kozi Bar, Warwick District Council has revealed.

In July Alibi bar and restaurant closed down after the owners claimed they had been hounded out by Warwick District Council Environmental Health.

The trio of Rosa Chillari, Stefano De Palma and Barry Keen were furious, with Mr Keen calling Environmental Health the "do-gooders of dinosaur town".

But on Tuesday the district council licensing panel met following recommendations by Environmental Health officers to change the premises' licence.

Senior Environmental Health officer Peter Lawson said: "The premises is in the centre of the town and has a history of noise nuisance in the form of loud music and noise escaping from the premises and people talking, drinking and smoking on the pavement.

"Abatement notices have been repeatedly breached and criminal investigations are ongoing.

"No actions have been taken to close the premises despite their claims to the contrary. They said they had another event on July 17 which was hard to reconcile with the statement that they'd been put out of business by us.

"We have received no response from them. The premises is not suitable for this kind of regulated entertainment.

"We feel that if the premises was properly run with the conditions we suggest it would be perfectly suitable."

Mr Lawson talked the panel through all noise complaints and abatement order breaches since 2006, but did point to the period between November 2007 and January 2010 where there were no complaints as live music was not being held at the venue.

But from that point on complaints were much more frequent, particularly from residents of The Wool Pack, and Mr Lawson said that on occasion Environmental Health officers witnessed music that could be heard as far away as Shire Hall and all the way down Swann Street.

The panel voted to approve the recommendations that live music be removed from the licence, the premises be closed by midnight, and that there be no admission or readmission after 11pm due to the "substantial amount of evidence of noise concerns."

Rosa Chillari, one of the co-owners of Alibi, said they had no further plans for the premises but may look elsewhere.

She added: "When we could no longer do what we needed to do we left. I'm not surprised about the new licence conditions because that's what they want to do with the town centre. There will be no live music at all in the town centre now."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:30 PM

http://www.thestage.co.uk/news/newsstory.php/33585/venues-fear-licensing-changes-could-increase

Campaigners have hit out at the government's proposals to reform live entertainment licensing, claiming the plans will in fact increase costs and red tape for some venues.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:35 PM

http://www.musictank.co.uk/newsletters/sept-2011

The UK live business has seen an array of deals, consultations and closures this summer, as each element of the sector has aimed to innovate against a struggling economy. Those in the corridors of power are often accused of not providing enough assistance to the fledgling or enough control over the aggressive. In this piece we will investigate venue licensing, government planning, ticketing fraud and secondary ticketing to ask whether the red tape is, in fact, in the right place.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:41 PM

http://www.manifestoclub.com/node/825

The UK has a truly absurd system for licensing 'entertainment' - under which any pub wanting to host a single guitar player, or poetry reader, or choir, or just about any other form of performance needs to get a council licence, which comes with high costs and piles of forms.

The coalition government has made very encouraging promises that it would cut this red tape, and indeed has been feeding suggestions to the press that it would abolish music licensing altogether.

Now the Live Music Forum - the campaign group that has been leading the rebellion against these ridiculous laws - reveals that, in fact, the new plans would increase the red tape on live performance. Read their detailed analysis here.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:46 PM

http://www.business-lawfirm.co.uk/Blog/2011/09/Licensing-Update/

I suspect that a hard rearguard battle may be fought by the Home Office, the Police, licensing authorities, and environmental health officers, so it will be interesting to see what comes out of the mill. It is also rather strange that if the red tape is removed it will not automatically be removed from those who already have a Premises Licence with regulated entertainment and conditions attached. It will be necessary for an application for variation of the Premises Licence to remove the conditions.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:51 PM

http://www.edp24.co.uk/lifestyle/food-and-drink/norfolk-food-features/red_tape_and_credit_crunch_force_closure_of_cromer_bar_1_1

Red tape and the recession have been blamed as the catalyst behind a decision to shut a popular Cromer nightspot.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:54 PM

Red tape and credit crunch force closure of Cromer bar
By Lucy Clapham
Wednesday, September 21, 2011
4:45 PM

Red tape and the recession have been blamed as the catalyst behind a decision to shut a popular Cromer nightspot.

Buddies bar and lounge, which opened less than two years ago, will close its doors for the last time this weekend with a farewell party.

Owner Gavin Armstrong said he did not want to close the Holt Road venue but "silly" licensing restrictions and the bleak economic climate had forced his arm.

Since opening in December 2009 he had struggled to overcome the district council's rules and regulations, which he said stifled his trade and cost him more than other Cromer pubs.

This combined with dwindling customer numbers as customers - in the face of the ongoing credit crunch - chose to drink at home had sounded the final death knell for the bar.

Mr Armstrong said: "I have had a long laborious battle with the authorities. The restrictions they have placed on my licence were initially OK because of the numbers of people we used to get in.

"Obviously in today's climate there's no one around, no one's got any money anymore. But the licence still required me to have a minimum of four doormen if I had a band or karaoke on, and an 11pm curfew. Just recently we were turning 80 people away on a Saturday because we can't let anyone in (after 11pm)."

Soon after Buddies opened in December 2009 it was granted a 24 hour licence, despite neighbours' complaints over rowdy revellers, and was attracting up to 400 people on its busiest nights. But Mr Armstrong said this number had now fallen to 20 on a Friday and 100 on a Saturday. He also said an increase in business rates and the bar's location outside the town centre had taken its toll.

The closure now means he will have to let his nine members of staff go as he returns to work in the construction industry.

"It's just not viable to run it," he added. "It's such a shame because it's such a nice venue. It hasn't been my decision to close it, it's (been) forced upon me for various different reasons."

The large venue has had a turbulent past having often changed hands after previously being run as the Buffers and the Station House pub.

Mr Armstrong, who invested £500,000 in refurbishing the bar when he took it over, questioned what more could be done to the former station house to make it viable again.

"For what I have done there I don't think anyone can top that. What else can you do?" he added.

North Norfolk District Council cabinet councillor for licensing Trevor Ivory said the council regretted the Buddies closure, but added: "We have been working with the tenant, Mr. Armstrong, and others over the past 12 months in the attempt to help him run a viable business, in which he has invested a large amount of money.

"However, we have also had to consider the legitimate concerns of local people and the police regarding the operation of a late night venue in a residential area and the licence variation granted with conditions in January 2010 reflected this attempt to reconcile the interests of the business with the interests of local residents.

"It is disappointing that the worsening economic climate over the past months has led Mr. Armstrong to decide to terminate his tenancy. It is, unfortunately, a reflection of problems facing the licensing trade right across the country

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Sep 11 - 12:59 PM

http://www.thisisgloucestershire.co.uk/Residents-object-Bath-Road-Market-s-music-alcohol/story-13387980-detail/story.html

ARCADE owners have caused a storm among residents by unveiling plans to serve alcohol and play music.

-
If the plans are approved, the business intends to host book readings, puppet shows and character play acting including Dickensian events and choirs during the festive period.

Live music will be performed by buskers and would be "on the whole" un-amplified.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Sep 11 - 05:35 AM

http://www.chroniclelive.co.uk/north-east-news/evening-chronicle-news/2011/09/24/newcastle-falcons-apply-for-entertainment-licen

Newcastle Falcons want permission to place a marquee on the West Stand training pitch at their Kingston Park ground for two separate events next month.

But residents have objected to the licence just months after a high-profile music event was scrapped after local opposition.

The doomed Ignition festival was originally due to be held at Kingston Park before organisers switched it to Gosforth Park because of residents' concerns

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Sep 11 - 05:44 AM

http://thesilhillian.blogspot.com/2011/09/new-dorridge-cafe-and-bar-opens.html

John King comments:One speculative objection from a neighbour leads to an amplification ban for live music in a tiny cafe. This - and thousands of other - petty and pointless restrictions will remain in place under DCMS proposals.

Mr Bullock said one resident officially objected to Solihull Metropolitan Borough Council when it was considering whether to grant a music and alcohol license.

A meeting with the resident, organised by the council, led to the objection being dropped, he said, after he stressed live music would only be acoustic.

He said the alcohol and music license – reported on The Silhillian – "caused quite a stir".

This was how the original application was reported and perhaps the tone of this report was what led to the objections?

A CAFÉ which could open in the former HSBC bank in Dorridge would sell alcohol and play music to midnight under new plans.

A licensing application has been made to allow live music, sell alcohol and play recorded music as late as midnight. It is not stated whether this will be used to its full extent if granted.

It comes after a planning application was submitted to turn the closed branch into a café.

The branch closed in November with bosses saying it was under-used because of the use of telephone and internet banking.

Accounts were to the branch in Poplar Road, Solihull.

A consultation is being held on the licensing application.

Update: this article originally said 1am and has now been changed to reflect the online application, which states midnight. I don't have time to check at the moment but the application might have been ammended.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Sep 11 - 01:55 PM

http://www.morningadvertiser.co.uk/Opinion/Peter-Coulson/Singing-consultation-s-praises

The most striking aspect of the new consultation issued by the Department for Culture, Media & Sport (DCMS) on de-regulation of musical and other activities under the Licensing Act 2003 is the change of tone and the lack of the usual cautionary and circumspect language of the recent Home Office manifestations. It is as if Tigger has taken over from Eeyore!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Sep 11 - 03:17 PM

The real test of this Govt's conviction in these proposals is shown in that there is no attempt to repair the damage in the areas which they identify.

That they propose to allow all existing licensing conditions to remain - even when many of these conditions were illegal when they were imposed and when such conditions could no longer be imposed on new licenses - is perhaps less worthy of our praise.   

Yes the language is different in this proposal to what we have become so used to but talk is cheap. This exercise is classic example of the magician getting us to concentrate on one hand, whilst it is what the other hand is doing, that we should be looking at.

The majority of live music does take place where alcohol is served and the language used in this Govt's Police Reform Bill - where the Home Office now deals with alcohol licensing, has a very familiar sound. The sound is the tightening of red tape.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Sep 11 - 06:16 AM

http://www.matlockmercury.co.uk/community/your-say/live_music_no_thankyou_1_3810586

You do not publish the fact that this application was discussed and rejected by Tansley Parish Council as "totally unsuitable in a village such as Tansley" for several reasons, ie, no parking facilities at the premises, noise from music and outdoor diners, odour from cooking smells, late night drinking etc, following receipt of a petition from 18 local residents living near to the premises.

Also that the Parish Council letter of objection to Derbyshire Dales District Council was not delivered on time so was not deemed relevant at the hearing, doesn't change the fact that there are a lot of objections to this from Tansley residents and they will be taken forward to any future planning application for change of use of premises.

John King comments:The Licensing Act "empowers" moaners.

I am not sure that the Act itself does empower moaners. It is the way that local authorities are seemingly permitted to enforce it that does this and worse.

Helped by media coverage that tends to concentration on the number of objections - it is the number of objections which seem to be important and the local authorities seem to be under the impression that the Act charges them with reducing the number of objections and complaints made - when it does no such thing.

Local authorities are charged with many responsibilities including the promotion of cultural activities and have to strike a balance which currently they do not.

A start would be for them to ensure that all submissions to applications are not encouraged to be objections and that all submissions are better examined for their validity.

If this were the case, there would be many less objections heard at application hearings and often the need for a hearing to take place, would be avoided altogether.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Sep 11 - 06:38 AM

http://www.thisisgloucestershire.co.uk/licences-needed-play-music/story-13406211-detail/story.html

PLYMOUTH businesses have been reminded they need two copyright licences if they want to play recorded music – even if it is "incidental" music.

John King comments:
Oh no it doesn't.

The incidental exemption does not of course apply only to recorded music. Currently exempt from additional entertainment licensing, as a performance of incidental live music, traditional folk music sessions, which can take place without playing any music which is under copyright - do not of course require such licenses.

And even those sessions which may include the occasional tune which is under copyright, would require such a small fee, as to make the exercise to calculate it, from PRS etc. a waste of time.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Sep 11 - 03:19 PM

http://www.morningadvertiser.co.uk/Opinion/Peter-Coulson/No-mention-of-licensing-issues

As I predicted, the final stages of the Police Reform and Social Responsibility Bill were taken up with a last-ditch attempt to derail the Government's proposals for elected commissioners of police and the licensing aspects were not touched upon at all.

John King comments:
Licensing was mentioned extensively in the House of Lords. The Home Office aren't listening...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Sep 11 - 03:33 PM

http://www.morningadvertiser.co.uk/General-News/Late-night-levy-and-EMROs-unlikely-to-be-used

"There is some suggestion from going around the country talking to licensing officers that they are not hugely excited by either of these powers".[Late-night-levy-and-EMROs]

John King comments:More likely they wouldn't be able to fill out the paperwork.

Early-morning restriction orders (EMROs) and the late-night levy (LNL) are unlikely to be put into practice because licensing authorities are simply "not excited" by them, according to licensing specialists.

Here we go again.......

What does this say about so-called democracy and the rule of law?

Sadly we know it to be true but is it seriously being accepted that legislation is unlikely to put into practice because those who are paid to enforce it are not 'excited' by it?

The Licensing Act 2003 is a fine example of the resulting mess when those who are paid to enforce it, are hugely excited by it.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Sep 11 - 08:26 AM

http://www.morningadvertiser.co.uk/General-News/Music-bonanza-warning

The ALMR warns "The claims of the massive impact deregulation will make to the trade are not going to happen. We are quite concerned about this."

The Department for Culture, Media & Sport proposes to exempt regulated entertainment, including live music and other acts such as theatre and dance, from licensing requirements, as long as audiences are under 5,000.

However, the consultation document said that existing premises licence conditions re-lating to regulated en-tertainment will be re-tained. This can include adding double glazing, keeping doors closed and limits on the number of live music events a pub can hold.?

If this and the Live Music Bill go through as currently proposed - not only will existing conditions (that could not be imposed on entertainment on new licenses) be retained - all live music will be subject to automatic aditional entertainment licensing at a set curfew time.

This automatic curfew is not being introduced in the Govt' proposals - which in fact argues against such move.

This combined with the measures introduced in Police Reform Bill - is not the good news reduction in live music red tape that this Govt are being praised for introducing. This is a total screw-up..........

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Sep 11 - 11:09 AM

What good is it for this Govt to introduce proposals which will only benefit prospective venues but which cannot now free the vast majority of existing venues from conditions which could no longer be placed upon entertainment taking place in them?

They present a good arguement about the damage that is already being caused by subjecting all the activities listed in Shedule 1 of the Act but are proposing nothing to repair this damage.

The vast majority of current venues (which do serve and require alcohol licensing permission) will receive no benefit at all from these proposals.

And as a result of what is currently proposed in the Live Music Bill - all live music will be subject to an automatic curfew when this can only take place with additional entertainment permission in place......

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Oct 11 - 12:12 PM

http://services.parliament.uk/bills/2010-11/livemusichl.html

Report Stage of the Live Music Bill - Monday 10th October.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Oct 11 - 03:01 AM

I wonder if the the Live Music Bill also propose to leave existing licensing conditions on live music in place, as well as introducing a set curfew time when all live music will require to be exposed to the whole process of additional entertainment licensing permission?

This on the grounds that it automatically becomes a noise concern which can only be dealt with by a costly time-consuming process, the short-comings of which, the Govt's own proposals have pointed out has so damaged small-scale live music?

And why do these proposal from the Govt also argue against the introduction of such a set curfew time when the setting of an earlier time than was originally proposed, was a condition of the Govt's support for the Private Members Live Music Bill?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Oct 11 - 09:27 AM

http://www.thisisbristol.co.uk/Noise-concern-late-night-closing-times-village-pub/story-11278542-detail/story.html

"It clearly states in the premises licence that no music will be heard at the nearest noise sensitive location."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Oct 11 - 09:33 AM

I wonder if the the Live Music Bill also propose to leave existing licensing conditions on live music in place, as well as introducing a set curfew time when all live music will require to be exposed to the whole process of additional entertainment licensing permission?

I am informed that under the bill conditions would not apply unless they had been imposed as a result of a licence review where complaints had been investigated and upheld.

---------------
One more thing on the Govt's proposal to retain existing licensing conditions imposed on entertainment and their reasons.

It is a bit like a past Govt gaining much praise for their proposals for the abolition of slavery, when they are only intending to apply this to any new slavery transactions and not freeing the existing slaves - on the grounds that they would need to avoid the required paperwork involved!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Oct 11 - 09:38 AM

2.25. Premises that continue to hold a licence after the reforms (for example, for alcohol, late night refreshment, or remaining forms of regulated entertainment) would be able to host entertainment activities that were formerly regulated without the need to go through a Minor or Full Variation process. We propose that all existing conditions on such licences would continue to apply unless the premises decided to apply for a variation to remove or amend them - a situation that should prevent the need for a wholescale reissue of licences by licensing authorities.

Conditions are an integral part of a licence authorisation, so this consultation seeks evidence with regard to any potential transitional issues, to ensure sufficient certainty for both licensee and those monitoring compliance to ensure all parties are aware of what is required of a premises. Taking account of any such issues, full guidance would be issued to licensing authorities and other interested parties before any changes would be made.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 10 Oct 11 - 09:25 AM

http://www.newstatesman.com/blogs/the-staggers/2011/10/mpshadow-secretary-state

John King comments:
Bad news. Harriet Harman demoted to shadow DCMS: Harman misled Parliament in May 2009: "The fact is that there was an 8 per cent. increase in premises licensed with live music authorisation between March 2007 and March 2008"

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Oct 11 - 06:05 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1046961&c=1

Live Music Bill continues journey to law.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Oct 11 - 06:09 AM

http://www.toryclubs.co.uk/page/phonographic-performance-limited-ppl

John King comments:
Not Licensing Act, but the Association of Conservative Clubs are objecting to the proposed hike in PPL fees.

Subject: RE: Licensing consultation announced!
From: nickp
Date: 14 Oct 11 - 06:25 AM

re the 06:09 post for 14th Oct. I assume this is a misprint on the web site...

'As a rough guess we could be currently be paying around £25,000 for a Friday night disco but in 3/4 years time the cost would be over £200 according to their tiered increase system. As we provide discos every week this will take our PPL fees from around £750 well into the thousands. Looking at the document as proposed it seems to us that PPL will price us out of entertainment'.

Remind me not to book the same disco they use. £25,000 a night seems excessive.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Oct 11 - 05:20 AM

http://www.loughboroughecho.net/news/loughborough-news/2011/10/11/fears-voiced-over-changes-to-licences-for-live-events-73871-29

MAJOR concerns have been raised by Charnwood Borough Council about new licensing proposals which could see certain live music and sports events take place in the borough without any local authority control.

This of course is nonsense.

1. It is not the policy of Charnwood Borough Council but only the views of the person employed to enforce licensing.

2. The proposal is NOT to remove local authority controls but simply to remove the requirement for additional entertainment licensing.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Oct 11 - 07:48 PM

http://www.bournemouthecho.co.uk/news/9309478.Poole_bar_is_working_to_tone_down_noise/

Members were happy the bar's management had been working well with environmental officers in a bid to minimise noise levels.

However, they did elect to reduce the minimum period of licence review from one year to six months.

And they suggested the licence holder carry out further work to reduce the level of noise

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 07:25 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1047074&c=1

Leading gig listings site Livemusic.fm has anticipated the Government's Licensing Act consultation will unlock a new explosion in grass roots live music - and has launched a new service for upcoming bands to take advantage of it.

John King comments:
The Government's proposal to cut licensing red tape is highly unlikely to provide an explosion of pub live music. Pubs with existing live music permissions will gain nothing whatsoever from the proposal, as any existing licence conditions will remains in force, while councils have new powers to restrict live events under the Police Reform & Social Responsibility Act 2011. Pubs without current live music permission will not need to apply for live music permissions, but councils will have powers to impose conditions on a premises licence whether a pub has live music permission or not. Anyone in the local authority area can now complain about a forthcoming event, and Councils can serve a noise abatement notice or even instigate a premises licence review prior to the event taking place. If an event is called "Live and Loud" it is asking for trouble.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 07:32 AM

http://www.morningadvertiser.co.uk/Opinion/Peter-Coulson/Reforms-are-just-window-dressing

Reforms are just window dressing

John King comments:In fact the Govt has created MORE licensing red tape - and there's more to come.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 08:20 AM

The Live Music Bill successfully passed its third reading in the House of Lords and now goes to the House of Commons.

Please ask your MP to vote for the Live Music Bill. You can do this easily through

www.writetothem.com

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 08:24 AM

http://www.salisburyjournal.co.uk/news/newforest/news/9311763.Council_objects_to_Framptons_plan/?action=complain&cid=9752524

But members of Ringwood Town Council's town, planning and environment committee objected to using the courtyard for entertainment such as live music.

Cllr Neville Chard said: "We should make it clear that the application should be kept for indoors and not extend outside at all."

Councillors unanimously recommended the licence should be for inside only and that alcohol is served between 10am and 11pm only.

John King Comments:Yet again, speculative nanny-state "concerns" over noise abatement take prioirity over plans for a new business.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 08:31 AM

http://www.paulfarrelly.com/newcastle-under-lyme/wards/town-centre/news/local-news/news.aspx?p=102201

One of Newcastle's oldest town centre pubs – the Old Brown Jug – has won the support of local MP Paul Farrelly in its fight to carry on playing live music.

The pub has come under legal pressure from officials of the Travelodge hotel who claim their guests cannot get to sleep because of loud music being played into the early hours.

Lawyers acting for Travelodge have asked Newcastle Borough Council to review the pub's premises licence, raising fears that it could mean the end of gigs at one of North Staffordshire's most popular live music venues.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 08:36 AM

http://www.morningadvertiser.co.uk/Opinion/Peter-Coulson/Progressing-on-music-licensing

While the consultation on de-regulating most forms of entertainment goes on, I note that Lord Clement-Jones's Live Music Bill is back in play after a long break.

Coulson: music legislation has never been easy to follow
This private members' bill has a specific target, which is the amendment of Section 177 of the Licensing Act, to make it easier for pubs to have small-scale musical entertainment unrestricted by onerous conditions as a result of objections.

John King comments:The Live Music Bill is thriving... for now. The LGA is lobbying behind the scenes (at taxpayers' expense) to oppose the Bill.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Oct 11 - 09:18 AM

In the case of unamplified live music, the local authority conditions are removed entirely from the premises licence when it takes place between 8am and midnight, but for amplified performances, the local authority can impose some conditions relating to crime and disorder or public safety, but not otherwise.

Perhaps it can be explained why the Govt's proposal is to retain all existing conditions on live music, why they see that new licenses would be required, why this mass-issuing would need to be avoided and why this method of suspension, already used by the DCMS for S 177 and described above - cannot be used to suspend conditions on live music for existing licenses, when these could no longer be placed on live music for new applications?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Oct 11 - 11:40 AM

http://www.morningadvertiser.co.uk/Opinion/Peter-Coulson/Minor-variations-major-grief

However, in spite of the Guidance making reference to this, I have heard of cases where the removal of the 'under 14' rule has been refused by a licensing authority as impacting on the licensing objectives in a standard pub with no special entertainment or adult profile.

The problem is that the decision on whether or not to accept the variation is entirely in the gift of the licensing officer. There is no hearing and no appeal. Even if you are told in ad-vance that it should be OK, if the officer gets any sort of adverse view from elsewhere, he can change his mind and refuse at the end of the consultation period.

Despite the many asurances given at the time of the introduction of the licensing Act 2003, so much of what is wrong with additional entertainment licensing is down to ikes/dislikes of individual licensing officers being set in stone and taken as being the policy of individual licensing authorities.

The Act requires that licensing committees are established to deal with ALL licensing matters. In practice, such committees or sub committees only sit when those employed to enforce licensing set up meetings or hearings for these committees. Matters of policy, such as what locally is to qualify as exempt incidental music, are left to those who are paid to enforce the legislation and not those who are empowered to set policy under it.

John King comments:The Govt's proposal to reform licensing envisages that premises can apply for a minor variation to remove conditions whcih restrict live music. Translated from doublespeak this means they aren't really proposing anything at all.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Oct 11 - 07:14 PM

http://www.makingmusic.org.uk/our-work/lobbying/our-lobbying-diary/our-lobby-diary/live-music-licensing-consultation-at-the-dcms

A couple of music groups raised their concern with me of whether these proposals might lead to alcohol licensing being made more complicated. I was told at DCMS that this work would have no impact on licensing laws, other than to remove the 'tick box' for entertainment from the form. However, the alcohol licensing laws are being reviewed by the Home Office separately, and the spirit of the present government seems to be about deregulation; so there's every reason to think it will become easier in general for groups to apply to sell alcohol at performances.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Oct 11 - 07:28 PM

http://www.oxfordtimes.co.uk/news/headlines/9320655.Council_vows_to_fight_change_in_licensing_laws/

The city council has vowed to officially oppose the changes, which will be compulsory if passed by the Government after the consultation ends in December.

As consultation seem to be the thing - it would be better for those who still believe in local demoncracy - if this city council were seen to first consult those it claims to be speaking for.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Oct 11 - 07:35 PM

http://www.edp24.co.uk/news/churches_charities_and_community_groups_rejoice_norfolk_councils_being_consulted_over_licensing_act_

First up on the bonfire of red tape promised by the coalition government could be a law which has had parents, publicans, and parish clerks tearing their hair out for nearly a decade.

Bert Jobsworth must have thought all his birthdays had come at once when Labour amended the Licensing Act.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 25 Oct 11 - 01:27 PM

The following from Hamish Birchall

Oxford City Council is probably the first of many hysterical
over-reactions to the government's proposed relaxation of control of
entertainment through licensing:
http://www.oxfordtimes.co.uk/news/headlines/9320655.Council_vows_to_fight_change_in_licensing_laws/

Why do licensing officers and councillors lose their heads over live music?

Two things are clear: they haven't read the small print and are ignorant
of the way licensing legislation works.

The DCMS entertainment licensing deregulation consultation, which closes
on 03 December, includes a proposal to KEEP noise limiting licence
conditions on existing venues where alcohol is sold. See p11 para 2.25
of the DCMS deregulation consultation proposals:
http://www.culture.gov.uk/images/consultations/consultation_deregulation-scheduleone_2011_vs2.pdf


There is in any case a raft of nuisance legislation irrespective of
licensing. Contrary to opponents of reform, noise abatement notices can
be issued pre-emptively under the Environmental Protection Act. Licensed
premises can be given on the spot fines if they cause a noise nuisance
between 11pm and 7am. The police can close licensed premises
immediately if they believe a venue is causing a serious problem. There
are other powers available, all detailed in paras. 3.31 onwards in the
deregulation consultation document.

Under section s177 of the Licensing Act, many if not most noise
conditions on pubs and bars of 200 maximum capacity, such as the
operation of a noise limiter, are unenforceable when live music is being
performed within certain hours. That small concession for live music
was granted by the previous government in 2003 when the then Licensing
Bill was going through Parliament.

Big screen broadcast entertainment, including sport, MTV and other music
programmes, is not regulated by entertainment licensing, and in 2005
nearly all pubs and bars were granted automatic permission to play
recorded music, by DJs if they want, without any licence conditions.

No doubt this explains why the present government has concluded that
separate legislation is adequate to regulate noise for most
entertainment events. The DCMS deregulation impact assessment
exhaustively considers the possibility of increased noise nuisance. It
concludes that the risk is small and is outweighed by the wider cultural
benefit. See paras 61-90, pp19-25:
http://www.culture.gov.uk/images/consultations/IA_deregulation-scheduleone_2011.pdf

But if the government and MPs are swayed by council hysteria about
radical entertainment licensing reform, there is always Lord
Clement-Jones live music bill which offers an exemption from
entertainment licensing for gigs to audiences of up to 200, between 8am
and 11pm. The bill has completed its House of Lords stages, and awaits
a 2nd reading date in the Commons. It is supported by the government
and the Opposition.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Oct 11 - 09:24 AM

http://www.shieldsgazette.com/news/local-news/pub_sails_into_a_storm_over_live_music_plan_1_3915431

But the plan faces major objections as several letters of protest have been received from residents living nearby.

Many express concern over the potential for noise and disorder if the music bid proves successful.

One resident writes: "When, oh when, is this saga over The New Ship and the determination to change the pub into something you would find in the centre of South Shields going to end.

"We fear that the playing of live music will bring an influx of younger people into an area that is semi-rural with a high proportion of elderly residents.

"We have witnessed first hand unruly behaviour, swearing and fighting among youngsters, and others who should know better, and do not want to see the area and its inhabitants living in fear of the misery and mayhem this causes."

But despite more than 30 objections to the application, neither the council's environmental health section or the police are opposing it

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Nov 11 - 01:35 PM

http://www.newsshopper.co.uk/news/top_stories/9335870.Entertainment_licence_for_Foots_Cray_Meadows_rejected/


Bexley Council's licensing sub-committee last Wednesday rejected the application from the council's parks and open spaces team to hold outdoor events, after more than 30 objections.

The kind of events proposed included family fun days, live music, drama and boxing.


John King comments:
Residents' Association sabotages plans for entertainment licence. Never mind the economy, Bexley Council gives in to NIMBY pressure despite stating in planning documents "there has not been one single complaint made" since the first licence was issued in 1996.