UK Licensing act, 2003 - recent activity

Subject: RE: UK Licensing act, 2003 - recent activity
From: Tootler
Date: 06 Oct 08 - 08:55 AM

From: Hamish Birchall
To: hamishbirchall
Sent: Wednesday, October 01, 2008 2:07 PM
Subject: Concerns over DCMS live music research raised in Parliament


Liberal Democrat peer Lord Clement-Jones has tabled a new set of Written Questions reflecting a range of musicians' concerns about entertainment licensing reform (see below). The government should respond by 13 October.

Note that the 'licensing advisory group' was identified by the government on 15 September as a group with which it is discussing the development of new entertainment licensing exemptions for small gigs (Written Answer from Lord Bassam of Brighton, responding to an earlier PQ from Lord Clement-Jones: HL5272. See: http://www.publications.parliament.uk/pa/ld/ldtoday/writtens/09.htm#hdg_19 ) It appears to have taken over some of the functions of the former Live Music Forum.

Licensing PQs tabled 29 September 2008:

Lord Clement-Jones to ask Her Majesty's Government:
... whether they will publish the names of all members of the Licensing Advisory Group. HL5365

... why there was a delay in the development of exemptions within the Licensing Act 2003 for small-scale performances of live music of more than a year after the Live Music Forum and the Musicians Union called for the implementation of such exemptions as a matter of urgency. HL5366

... to ask Her Majesty's Government whether all members of the former Live Music Forum are kept informed of discussions about entertainment licensing exemptions for small-scale performances of live music which are taking place with the former Chairman, Mr Feargal Sharkey, and the Musicians Union. HL5367

... whether they have determined from the survey of live music carried out in 2007 by the British Market Research Board on behalf of the Department for Culture, Media and Sport (a) the proportion of interviewees who were responsible for the conversion of their venues' justices' on-licence to the new premises licence during 2005; (b) the proportion of those interviewees who started or stopped having live music since the new regime came into force who were responsible for the conversion of their venues' old justices' on-licence to the new premises licence in 2005; and (c) the proportion of interviewees who were working in the same venue since the beginning of 2005. HL5368

... to ask Her Majesty's Government what consideration they have given to exempting circus performances from the provisions of the Licensing Act 2003. HL5369

See: http://www.publications.parliament.uk/pa/ld/ldordpap.htm#qwa (scroll down or search on the page for 'Clement')

Subject: RE: UK Licensing act, 2003 - recent activity
From: Tootler
Date: 16 Oct 08 - 07:03 PM

Two more this time.

From: Hamish Birchall
To: hamishbirchall
Sent: Thursday, October 09, 2008 2:04 PM
Subject: 14 Oct - oral evidence session - Culture Committee Licensing inquiry


On Tuesday 14 October the first oral evidence session for the public inquiry into the Licensing Act 2003 is to be held in Committee Room 15, Houses of Parliament, starting at 10.30am:
http://www.parliament.uk/parliamentary_committees/culture__media_and_sport/meetings.cfm

Witnesses giving evidence:

10.30-11.10am: Local Government Association; Association of Town Centre Management
11.10-11.50am: Association of Chief Police Officers; Police Federation
11.50am-? : The Magistrates' Association

The terms of reference for the inquiry were published by the Culture, Media and Sport Committee on 18 July:

- Whether there has been any change in levels of public nuisance, numbers of night-time offences or perceptions of public safety since the Act came into force;
- The impact of the Act on the performance of live music;

- The financial impact of the Act on sporting and social clubs;

- Whether the Act has led, or looks likely to lead, to a reduction in bureaucracy for those applying for licences under the new regime and for those administering it;

- Whether the anticipated financial savings for relevant industries will be realised.

And other areas of interest that are raised during the course of the inquiry.

See:

http://www.parliament.uk/parliamentary_committees/culture__media_and_sport/cms080718pn051.cfm

Subject: RE: UK Licensing act, 2003 - recent activity
From: Tootler
Date: 16 Oct 08 - 07:04 PM

A friend who has converted his One car garage into an office has been told that if he plays music in this 'place of work' he has to get a licence!
Mike
----- Original Message -----
From: Hamish Birchall
To: hamishbirchall
Sent: Tuesday, October 14, 2008 5:37 PM
Subject: No delay in small gigs exemption says minister


Government licensing spokesperson Lord Davies of Oldham claimed yesterday that there had been no delay in the development of exemptions in the Licensing Act 2003 for small-scale performances.

Lord Davies' astonishing claim came response to the latest round of entertainment licensing questions tabled by Lord Clement-Jones on 29 September (see full Q&A below).

Why astonishing? On 07 May Lord Davies said the long-promised DCMS consultation on small gigs exemptions would take place 'by the summer'. On 22 July his position had changed: the consultation would now take place in 'the autumn'.

Points to note:

The DCMS Live Music Forum, whose remit included monitoring the impact of the Licensing Act, was disbanded in July 2007 after it recommended new exemptions for small gigs 'as a matter of some urgency', and several months before the final DCMS research into the impact of the Licensing Act on live music. In June 2007 the Musicians' Union also publicly called on the government to implement a small gigs exemption as soon as possible.   By that time both organisations had already monitored the impact of the Act for nearly two years.

Feargal Sharkey, former Chair of the LMF, has since implied that he was never particularly keen to take on his LMF role [Perspectives, 'A Good Start', CEO of British Music Rights Feargal Sharkey, LINK magazine, Spring 2008, p50]. Sharkey is now Chief Executive Officer of UK Music, since 26 September the new name for British Music Rights:
http://www.ukmusic.org/page/news-&-newsletters

Lord Davies' answer relating to the 2007 BMRB live music survey confirms suspicions that data on which DCMS based it position that the Act was in no way responsible for the 5% fall in live gigs is unreliable. The DCMS position was based on reasons given by interviewees for either starting or stopped live music. This was a sub-set of about 11% of the total sample of 2,251 interviews. It turns out that about 40% of interviewees were not working at the venue when the new licensing regime came into force in 2005. Also, we have no idea whether or not those that were working at the venue in 2005 had any role in applying for the new licence. Lastly, just because an interviewee was responsible for booking bands it does not necessarily mean, as the minister suggests, that they would know about changes to their licence, or the reasons for any changes.

~ ~ ~

Lord Clement-Jones asked Her Majesty's Government:
Whether all members of the former Live Music Forum are kept informed of discussions about entertainment licensing exemptions for small-scale performances of live music which are taking place with the former chairman, Mr Feargal Sharkey, and the Musicians Union. [HL5367]

Lord Davies of Oldham: No. The Live Music Forum (LMF) was established in 2004 to help maximise the take-up of reforms in the Licensing Act 2003 relating to the provision of live music, to monitor the impact of the Act on live music and to promote live music performance. The forum met 13 times, the final meeting being held on 16 April 2007. The forum's recommendations were published on 4 July 2007, after which it disbanded. The Secretary of State recently held a meeting with Feargal Sharkey in his capacity as the newly appointed chief executive of UK Music.

Lord Clement-Jones asked Her Majesty's Government:

Whether they have determined from the survey of live music carried out in 2007 by the British Market Research Board on behalf of the Department for Culture, Media and Sport (a) the proportion of interviewees who were responsible for the conversion of their venues' justices' on-licence to the new premises licence during 2005; (b) the proportion of those interviewees who started or stopped having live music since the new regime came into force who were responsible for the conversion of their venues' old justices' on-licence to the new premises licence in 2005; and (c) the proportion of interviewees who were working in the same venue since the beginning of 2005. [HL5368]

Lord Davies of Oldham: As the survey did not ask any direct questions concerning the responsibility for licence conversion, it is impossible to determine directly the proportion of interviewees who fell into that category. However, we did ensure where relevant that all respondents were responsible for the provision of live music at that venue. This means they would have had knowledge of any changes to their licence in relation to live music. The survey did not ask about the length of time the interviewee had been working at the venue but did ask a related question about the length of time they had been responsible for live music at the venue. The contractors reported that 60 per cent of respondents had held this responsibility for more than two years. This may be an underestimate as some of the 40 per cent who did not hold the responsibility may have worked there for longer than two years in some other capacity.

Licensing: Live Music
Lord Clement-Jones asked Her Majesty's Government:

Why there was a delay in the development of exemptions within the Licensing Act 2003 for small-scale performances of live music of more than a year after the Live Music Forum and the Musicians Union called for the implementation of such exemptions as a matter of urgency. [HL5366]

Lord Davies of Oldham: There was no delay. The DCMS has been developing options for consultation to exempt low impact (de minimis) licensing activities from the scope of the 2003 Act. The Government do not undertake amendments to primary legislation lightly, particularly in the case of legislation which was only brought fully into force within the past three years. As part of that work, we are considering exemptions for small and incidental live music events, taking into account the recommendations made by the Live Music Forum. Officials have had discussions with stakeholders, including the Musicians' Union, which aim to develop exemptions that can benefit live music without jeopardising the licensing objectives. We hope to publish a consultation document in the autumn, and subject to the outcome, to have the exemptions in place by spring 2009.

Lord Clement-Jones asked Her Majesty's Government:

Whether they will publish the names of all members of the Licensing Advisory Group. [HL5365]

Lord Davies of Oldham: The DCMS Licensing Advisory Group comprises representatives of the following organisations:

Action with Communities in Rural England; Alcohol Concern; Arts Council England; Association of Chief Police Officers; Association of Convenience Stores; Association of Licensed Multiple Retailers; British Hospitality Association; British Institute of Innkeeping; British Beer & Pub Association; British Marine Federation; British Retail Consortium; Business In Sport and Leisure;Chartered Institute of Environmental Health; Cinema Exhibitors Association;The Department for Business, Enterprise and Regulatory Reform;Federation of Licensed Victuallers Associations; Federation of Small Businesses; The Guild of Master Victuallers; Justices' Clerks Society; Local Authorities Co-ordinators of Regulatory Services; London Councils;Paterson's; Magistrates Association; Musicians' Union; Noctis; and Working Men's Club and Institute Union/Committee of Registered Clubs' Associations.
Since the advisory group comprises organisations not individuals, representation at each meeting varies. Not all organisations attend meetings on a regular basis.

Licensing: Circuses
Lord Clement-Jones asked Her Majesty's Government:

What consideration they have given to exempting circus performances from the provisions of the Licensing Act 2003. [HL5369]

Lord Davies of Oldham: We have consulted circuses directly about their experience of the Licensing Act 2003, and Ministers and officials have met circus representatives on several occasions to hear their concerns. While I am not convinced that licensable activities should be exempt simply because they are carried on within a circus, I do recognise the particular regulatory burdens placed on travelling tented circuses because they move from site to site. We are looking at how we can simplify aspects of the application processes to relieve some of the burden and have also agreed to look at the feasibility of alternative licensing arrangements which better reflect the nature of travelling entertainment performed at multiple sites.

See: http://www.publications.parliament.uk/pa/ld200708/ldhansrd/text/81013w0003.htm#08101317000018

Subject: RE: UK Licensing act, 2003 - recent activity
From: Tootler
Date: 29 Oct 08 - 06:23 PM

Three more exciting installments of the ongoing saga...

From: Hamish Birchall
To: hamishbirchall
Sent: Monday, October 20, 2008 1:25 PM
Subject: Is ceilidh like morris dancing?


Once again, the lack of clarity in the law that regulates music and dancing has exposed fundamental differences of interpretation between local authorities.

On Saturday 18 October thousands of people around the UK and beyond danced in the Big National Ceilidh to raise money for WaterAid: http://www.bignationalceilidh.co.uk:80/site/
More info about WaterAid: http://www.wateraid.org/uk/about_us/default.asp

Most if not all the 90 or so events took place in venues already licensed for dancing, including town halls and community centres.   But need they have worried about entertainment licensing?

I asked six councils whether they would allow such ceilidhs under the Licensing Act's exemption for morris dancing and any dancing of a similar nature. Four failed to reply, but of the two who did one (Camden) said 'yes' and the other (Swindon) said 'no'.

A spokesperson for Camden said: 'We would take the view that this [ceilidh] would be of a similar nature to morris dancing and therefore exempt from needing to be licensed. The exemption also includes unamplified live music that is integral to such a performance.'

However, Lionel Starling, licensing manager for Swindon council, saw it differently: 'I think this ceilidh is licensable mainly because it is planned and widely promoted in advance. As with many aspects of the Licensing Act 2003, a great deal depends on interpretation. An exemption for 'morris dancing or any dancing of a similar nature' leaves many questions unanswered. Is the distinction based on the 'traditional' nature of morris dancing or is the emphasis on the fact that it is impromptu and therefore negligible in its impact? A performance of Riverdance involves a 'traditional' style of dancing but it would be perverse if that were exempt. For now, practitioners can only focus on the 'impromptu' aspect, in my view. Clearly, that does however leave us with the anomaly that a morris dancing festival is exempt from the scope of the Act.'

Richard Bridge, solicitor and founder of the Performer Lawyer Group, commented:

'I'm interested to hear of the views expressed by Camden council. It seems to me that part of the reason that one refers to a ceilidh as a ceilidh and to morris dancing as morris dancing is that they are very different. A ceilidh is one form of local social dance, whereas morris dancing is a display dance and indeed has only recently permitted the two genders to dance in the same displays!'

Subject: RE: UK Licensing act, 2003 - recent activity
From: Tootler
Date: 29 Oct 08 - 06:24 PM

From: Hamish Birchall
To: hamishbirchall
Sent: Monday, October 27, 2008 10:50 AM
Subject: Zippo's circus to give evidence at licensing inquiry


Zippo's circus is to give evidence tomorrow at the second oral evidence session of the Culture Committee Licensing Act Inquiry, Tuesday 28 October 2008.

Last month Birmingham's licensing officers banned music accompanying Zippo's clowns because it was not licensed as regulated entertainment under the Licensing Act 2003. See The Times online, 23 September 2008:
http://www.timesonline.co.uk:80/tol/news/uk/article4804013.ece
On 07 October The Stage reported that Equity is lobbying to exempt circuses from the Act:
http://www.thestage.co.uk/news/newsstory.php/22005/government-petitioned-to-exempt-circus-from

But on 13 October government culture spokesperson Lord Davies of Oldham appeared to rule out such an exemption in favour of tweaking existing licence application processes or creating 'alternative licensing arrangements':

'... While I am not convinced that licensable activities should be exempt simply because they are carried on within a circus, I do recognise the particular regulatory burdens placed on travelling tented circuses because they move from site to site. We are looking at how we can simplify aspects of the application processes to relieve some of the burden and have also agreed to look at the feasibility of alternative licensing arrangements which better reflect the nature of travelling entertainment performed at multiple sites.'
[Written Answer to question by Lord Clement-Jones (HL5369)]

This negative response appears to have been ignored in an article entitled 'Mastering the Ring' by Conservative MP Peter Luff, published in The Stage of 23 October. A long-time campaigner against entertainment licensing for circuses, he called on the government to free them from '... bureaucratic and expensive licensing laws, which have a damaging impact on the sector.....".
[Article not available online]
Since the Committee's announcement (copy below) Committee Room 5 at the Palace of Westminster has been confirmed as the venue.

~ ~ ~

Select Committee Announcement
Committee Office
House of Commons, London, SW1A 0AA

22 October 2008 No. 62
THE LICENSING ACT 2003
Oral evidence session

The Culture, Media and Sport Committee will hold its second oral evidence session on the Licensing Act 2003. Terms of reference for the inquiry were published in a Press Notice published by the Committee on 18 July 2008.

Date and Time: Tuesday 28 October 2008 at 1030

Witnesses:

1030      Central Council of Physical Recreation, Committee of Registered Club Associations

1110      Association of Circus Proprietors of Great Britain, Zippo's Circus

1140      The Association of Convenience Stores, The Wine and Spirit Trade Association

Location: A Committee Room at the Houses of Parliament, to be confirmed. Please check http://www.parliament.uk/business/what_s_on.cfm

The session will be open to the public on a first come, first served basis. There is no system for the prior reservation of seats in Committee Rooms. It is advisable to allow about 20 minutes to pass through security checks. Committee Rooms and timings are subject to change.

FURTHER INFORMATION:
Committee Membership is as follows:

Mr John Whittingdale (Chairman) (Con) (Maldon and East Chelmsford) Janet Anderson (Lab) (Rossendale and Darwen) Alan Keen (Lab) (Feltham and Heston) Philip Davies (Con) (Shipley)Rosemary McKenna (Lab) (Cumbernauld, Kilsyth & Kirkintilloch East)
Mr Nigel Evans (Con) (Ribble Valley) Adam Price (PC) (Carmarthen East and Dinefwr) Paul Farrelly (Lab) (Newcastle-under-Lyme) Mr Adrian Sanders (Lib Dem) (Torbay) Mr Mike Hall (Lab) (Weaver Vale) Helen Southworth (Lab) (Warrington South)

Media Enquiries: Laura Humble, Tel [phone], e-mail: [e-mail]
Specific Committee Information: Tel [phone], e-mail: [e-mail]
Website: http://www.parliament.uk/parliamentary_committees/culture__media_and_sport.cfm
Watch committees and parliamentary debates online: www.parliamentlive.tv

Publications / Reports / Reference Material: Copies of all select committee reports are available from the Parliamentary Bookshop (12 Bridge St, Westminster, 020 7219 3890) or the Stationery Office (0845 7023474). Committee reports, press releases, evidence transcripts, Bills; research papers, a directory of MPs, plus Hansard (from 8am daily) and much more, can be found on www.parliament.uk

Subject: RE: UK Licensing act, 2003 - recent activity
From: Tootler
Date: 29 Oct 08 - 06:25 PM

And the third one is a beauty!!!


From: Hamish Birchall
To: hamishbirchall
Sent: Wednesday, October 29, 2008 12:11 PM
Subject: A tale of DCMS efficiency


On 19 September, in response to the DCMS refusal to confirm that Feargal Sharkey had recently met DCMS officials to discuss Licensing Act exemptions for small gigs, I submitted a Freedom of Information Act request for:

'... details of all meetings organised or scheduled by DCMS between 01 January 2008 and 31 March 2009 for the purpose, or for purposes which include the purpose, of discussing draft exemptions from the Licensing Act 2003 for small-scale live music. The details should include names and job titles of those attending, or scheduled to attend. In the case of meetings already held by the time of the decision on this FoIA request, I request that the meeting minutes also be published.'

The phrase 'or for purposes which include the purpose' comes from the Licensing Act itself, specifically paragraph 2(1) of the entertainment Schedule 1. This lists descriptions of potentially licensable entertainment '...where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience.'

DCMS confirmed receipt of my FoIA request that afternoon. Curiously, however, the text had been altered. The 'purposes' phrase and the final sentence concerning meeting minutes were missing. I raised this immediately and was given a written assurance that the text would be 'addressed in its entirety'.

But on 16 October, in a holding response from DCMS, these sections of my text were again missing. Once again I raised this immediately. The response was slower this time. On 21 October, an official replied by email with a vague undertaking to address the 'request for notes of meetings'. I replied asking that they address the full, original FoIA request. There was no reply.

After waiting a further week I phoned the Department. Why the delay? What is the problem with the request? Answer: We couldn't understand the bit about 'purposes which include the purpose'.

Subject: RE: UK Licensing act, 2003 - recent activity
From: BB
Date: 30 Oct 08 - 04:06 PM

Yeah, well I could never understand that phrase anyway - I look forward to their response when you point out that the phrase is in the legislation!

Barbara

Subject: RE: UK Licensing act, 2003 - recent activity
From: Richard Bridge
Date: 31 Oct 08 - 03:46 AM

There may be something in the Times this weekend.

Subject: RE: UK Licensing act, 2003 - recent activity
From: pavane
Date: 03 Nov 08 - 03:54 AM

I found this quote in another thread - surely relevant.

"One of the reasons New Orleans has been such a magnet for musicians is that the wealth of local venues has made it a place where a person could earn a living without having to spend so much time on the road."