Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Feb 11 - 10:16 AM

http://www.thecmuwebsite.com/article/whittingdale-calls-on-government-to-speed-up-live-exemption/

Whittingdale's motion calls on the government to introduce the exemption for smaller venues "without delay", noting such an exemption has been much previously discussed, that it has much support across parliament, and that a consultation on the issue was started over a year ago. Other MPs already backing the motion include Mike Weatherley, Peter Bottomley and Jeremy Corbyn.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Feb 11 - 06:45 AM

http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=42496&SESSION=905

Please write and ask your MP to support the above EDM...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Feb 11 - 06:44 AM

EDM 1465    LIVE PERFORMANCES (No. 2)16.02.2011


Whittingdale, John
That this House notes that it is now more than 12 months since the Department for Culture, Media and Sport launched a consultation to exempt small live music events from the bureaucracy of the Licensing Act 2007; further notes that an exemption has not yet been granted despite the commitment to cut red tape to encourage the performance of more live music in the Coalition Agreement; and calls on the Government to introduce an exemption without delay.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Feb 11 - 06:24 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1044254&c=1

Thursday February 17, 2011
By Robert Ashton

An early day motion about live music and licensing exceptions for small venues has been submitted by Culture Select Committee chairman John Whittingdale.

The Conservative MP has already attracted eight signatures in support of his EDM, which noted "that it is now more than 12 months since the Department for Culture, Media and Sport launched a consultation to exempt small live music events from the bureaucracy of the Licensing Act 2007."

Whittingdale also suggested that an exemption for small venues has not yet been granted despite a commitment from the Coalition to cut red tape to encourage the performance of more live music. He called on the Government to introduce an exemption "without delay

John King comments:
John Whittingdale's EDM says EXEMPT small scale live music from red-tape. REDUCING the amount of red-tape simply won't work...

A good example of why this approach will not work is S177 of the Act and the 'minor variations' measure which was introduced by the last Govt. Neither of these has or could have any effect because this method is beloved of those whose whole being is red tape and who care little about anything else.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Feb 11 - 08:49 AM

It is wrong for this lot to keep on claiming credit and refer to this Govt's proposals being in place, when there remain no such proposals to reform licensing and no one seems to even know whose responsibilty this would be.......

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 17 Feb 11 - 08:38 AM

http://www.theyworkforyou.com/whall/?id=2011-02-16a.299.1

'That is why, separately, the Government are proposing to reform the licensing law to make it easier for live entertainment to take place without some of the bureaucratic licensing requirements, particularly in smaller venues.'
Bob Neill (Parliamentary Under Secretary of State, Communities and Local Government; Bromley and Chislehurst, Conservative)

John King comments:

Sadly the Govt is now proposing to reduce only 'some' of the bureacracy. Historically, ANY bureacracy will be gold-plated and abused by Local Authorities.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 16 Feb 11 - 01:24 PM

http://www.alcohollicence.org/will-the-big-society-support-live-music/

The MIA has again pledged to back the campaign to support live music – but has asked whether the much-hyped Big Society initiative will take this issue to heart.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 16 Feb 11 - 04:39 AM

With major football matches which involve gatherings of many people, there is little doubt that measures like police and private stewarding are only sensible to ensure crowd safety are required. But this response is proportionate to the matches in question. There is seen to be no requirement for police and private stewarding to attend all of the many matches which take place every weekend, on parks and recreation grounds all over the country.

But if it was thought to be necessary - would anyone try to maintain that such an approach would not harm the public's participation in football but would encourage it?

But this is the approach that is now thought necessary by local licensing authorities and the LGA Group lobby, for all the small-scale live music which takes place in the nation's remaining pubs and other venues.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Feb 11 - 03:02 AM

http://www.borehamwoodtimes.co.uk/news/8852363.Cricket_centre_granted_extended_times_for_music_at_licensing_hearing/

John King comments:
Live music reinstated at Shenley Cricket Club, but they had to fight hard for it (and hire Poppleston Allen to do it). No matter how long ago a complaint was made, Environmental Health Officers will bring it up for all eternity.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Feb 11 - 02:57 AM

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110210/text/110210w0001.htm#11021079000131

The Government have in place a package of measures designed to help community pubs, including:

-

reforming licensing rules to make its easier to play live music in local pubs.

In what place is this measure..........?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Feb 11 - 02:06 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=69032

Mr Penrose is again wrongly reported in this article to have "argued there was "real risks" around live music." He actually referred to "real risks associated with live entertainment of one kind or another."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 12 Feb 11 - 05:47 PM

"There are therefore concerns about ...health and safety, the disturbance caused by people arriving at and leaving a venue, public order and so on."

The risks Mr Penrose is reported as referring to, as being associated with live music, as he later lists and explains are not of course exclusive to live music.

However, far too much of the existing red tape is adversly affecting this as current licensing legislation and its local enforcement concentrates on the possibility of concerns and is allowed to ignore the definite cultural benefits of live music.

Subject: RE: Licensing consultation announced!
From: Tootler
Date: 11 Feb 11 - 05:05 PM

There is no use in posting links to sites where you have to login to read the article. Similarly some of your links are to news pages which have a constant url but whose content changes on a daily basis.

Please check that the content of your links is generally accessible and that the content is likely to remain there for a reasonable time before posting.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 11 Feb 11 - 06:49 AM

Not sure where Mr Penrose STRESSED what the Institute of Licensing reported - perhaps any Mudcatter who is a member can read the article in full and inform us?

http://www.thisishampshire.net/news/8846836.Lances_at_the_ready_for_battle_of_Rhinefield/

John king comments:
Cultural events are strangled by red tape and loony local councils with nothing better to do. Here is a jousting competition - with live music - facing 80 objections and a 177 page 'report'.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 10 Feb 11 - 11:51 AM

http://www.instituteoflicensing.org/article_id/1000592/2011/01/31/Reduce+Red+Tape+for+Live+Music.html

Licensing minister John Penrose has stressed there are "real risks" associated with live music events and that any decision on deregulation will be taken by a number of departments.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 10 Feb 11 - 11:44 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1044187&c=1

Pressure is mounting on the Government to show its hand on live music licensing after the House of Lords set a date for the second reading of the Clement-Jones Live Music Bill.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 10 Feb 11 - 11:39 AM

The following from Hamish Birchall:

Lord Clement-Jones' live music bill will get its 2nd reading on Friday 4th March:
http://services.parliament.uk/bills/2010-11/livemusichl.html

Among other things, the bill proposes an exemption from entertainment licensing for live music performed to audiences of up to 200 people, between 8am and midnight in bars and restaurants, schools, hospitals and other workplaces:
http://www.publications.parliament.uk/pa/ld201011/ldbills/012/11012.1-i.html

This will be the first time that Lord Clement-Jones' bill gets a full debate.

Both the Liberal Democrats and Conservatives in opposition publicly supported the 200-capacity gig exemption recommended by the Culture select committee in May 2009:
http://www.publications.parliament.uk/pa/cm200809/cmselect/cmcumeds/492/492.pdf

On Monday 31st January 2011, licensing minister John Penrose suggested that a government announcement about entertainment licensing reform was imminent:

John McDonnell: To ask the Secretary of State for Culture, Olympics, Media and Sport what timetable he has set for his consultation on changes to Schedule 1 of the Licensing Act 2003; and if he will publish a timetable for consultation on changes to the Licensing Act 2003. [36350]

John Penrose: The Government are currently considering options to remove red tape from live music and other entertainment. I hope to be able to announce our conclusions, including the timetable for reform, shortly.
See: http://bit.ly/gmkgek

The timing of the live music bill represents an opportunity for the government. It could implement its reform by supporting the bill, and putting forward amendments at Committee stage (which would follow about two weeks after 2nd reading).

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 10 Feb 11 - 06:45 AM

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

Latest news on the Bill
First reading took place on 7 July. This stage is a formality that signals the start of the Bill's journey through the Lords.

Second reading - the general debate on all aspects of the Bill - will 4 March.

Summary of the Bill
A Bill to amend the Licensing Act 2003 with respect to the performance of live music entertainment; and for connected purposes

John King comments:
Finally, a date for the second 2nd reading of the Live Music Bill.

But still no proposals from a Govt of which Lord Clement Jones's Party (Lib Dem) is part of and where both Parties supported the measures proposed in this Bill, when they were in opposition.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Feb 11 - 09:40 PM

http://www.thisissussex.co.uk/news/East-Grinstead-restaurant-reapplies-alcohol-licence-following-mistake/article-3174401-detail/

John King comments:
Lucky for Star Burger they were only serving alcohol without a licence. Had they been holding unlicensed live music they'd be in real trouble...

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Feb 11 - 10:02 AM

http://www.theyworkforyou.com/lords/?gid=2011-02-03a.1530.0

The current situation over the licensing of live music, which has had such a detrimental effect on young musicians, is confusing. My noble friend Lord Clement-Jones is waiting for the second Second Reading of his Live Music Bill. The noble Lord, Lord Davies of Oldham, was encouraging in June 2009, and the coalition Administration have made sympathetic noises, but the problem is not resolved.

The Licensing Minister, John Penrose, has suggested that plans to cut red tape for live music are out of his hands and are dependent on consent from the Department for Work and Pensions and the Home Office. In a Westminster Hall debate on Tuesday 25 January, he referred to the many aspects of licensing for live music that are covered by existing legislation, but live music at small events is not exempt. The only arguable justification for a licensing regime pre-emptively criminalising the provision of live music subject to prior consent from the public or the local authority, or both, is where there is the potential for a significant negative impact on the local community that cannot be adequately regulated by existing legislation. This is clearly not the case for the vast majority of small gigs taking place within reasonable hours. It would be very helpful if the Minister would write to me with an easy-to-read explanation of the current licensing situation on live music and small venue exemptions.

John King comments:
Lord Colwyn reveals the astonishingly low number of jazz, folk and classical performances in the UK. At any given time, there are more licensing authorities than there are jazz performances taking place. The situation is even worse for folk and classical.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Feb 11 - 01:01 PM

http://www.theyworkforyou.com/wrans/?id=2011-02-02a.37572.h

Greg Mulholland (Leeds North West, Liberal Democrat)

To ask the Secretary of State for Culture, Olympics, Media and Sport how many live music licences were issued to premises with a capacity of under (a) 100 persons and (b) 200 persons in (i) England, (ii) Yorkshire and (iii) Leeds in each year since 2005.

Hansard source (Citation: HC Deb, 2 February 2011, c820W)

John Penrose (Parliamentary Under Secretary of State, Culture, Olympics, Media and Sport; Weston-Super-Mare, Conservative)

The Department for Culture, Media and Sport does not collate data specifically on premises licence applications for the provision of live music, and does not collate data by premises size. This is because the Licensing Act 2003 defines activities, not premises type.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Feb 11 - 03:00 AM

http://www.thisisdorset.net/news/8826908.Wetherspoons_try_to_change_licence/?ref=rss

Variations to the conditions of the licence for the Blackwater Stream, formerly the Stepping Stones in Lower Blandford Road, Broadstone, Poole, are being sought by Wetherspoons.

These include removing all categories of regulated entertainment, permitting the sale of alcohol from 9am each day and opening hours from 7am.

One person has objected on the grounds of noise and disturbance.

The Borough of Poole's licensing sub-committee will consider the application on February 8 at the Civic Centre

John King comments:
This is SO stupid!

It is but it is an inevitable result of combining entertainment permission and alcohol licensing in the same licence. There are countless examples provided in this thread of where entertainment and especially live music, is seen as secondary by both the licensee and the licensing authority and is limited or prevented in order to allow alcohol to be served......

Stupid it is but it is also official vandalism. Local authorities have many more responsibilities than just ensuring that alcohol is served. They choose and are allowed to ignore these responsibilities.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 Feb 11 - 02:57 AM

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110131/text/110131w0001.htm#11013113001942

John McDonnell: To ask the Secretary of State for Culture, Olympics, Media and Sport what timetable he has set for his consultation on changes to Schedule 1 of the Licensing Act 2003; and if he will publish a timetable for consultation on changes to the Licensing Act 2003. [36350]

John Penrose: The Government are currently considering options to remove red tape from live music and other entertainment. I hope to be able to announce our conclusions, including the timetable for reform, shortly.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jan 11 - 01:50 PM

http://www.westendextra.com/news/2011/jan/%E2%80%98gigs-plan-not-music-our-ears%E2%80%99-say-mayfair-residents-call-rejection-7-

John King comments:
Objections to live music at Guy Ritchie's pub. DJ's are already allowed - and apparently have caused no problems.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jan 11 - 01:44 PM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1044030&c=1

A Liberal Democrat spokesman said Clement-Jones' private members bill, which has suggested an exception for audiences of 200 people or less, is now likely to go before the Lords in early March. He also expects the Government will now wait until then before making its mind up on an exception.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jan 11 - 01:41 PM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=68917

However, Tory MP John Whittingdale voiced his frustration over talk of public safety concerns around live music and said he would "disappointed" if the reforms were watered down.

"We have always believed the argument around public safety is a false one. There are already laws in place to cover that."

Whittingdale is chairman of the Culture, Media and Sport committee which previously recommended the licensing around live music be relaxed – to include an exemption for venues with a capacity below 200.

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 27 Jan 11 - 06:16 AM

The following from Hamish Birchall

Licensing minister John Penrose has suggested that plans to cut red tape for live music are out of his hands, and dependent on consent from the Department for Work and Pensions and the Home Office.

In a Westminster Hall debate last Tuesday, 25th January, he said:

'In the case of the licensing regime, a great many people have concerns. Musicians' unions, for example, are calling for deregulation. My hon. Friend [Tony Baldry, Banbury, Con] will understand that if one chose to go down that route, it would be important to make sure that there were no unintended consequences. There are real risks associated with live entertainment of one kind or another, simply because it can involve a large number of people in a comparatively small space. There are therefore concerns about health and safety, the disturbance caused by people arriving at and leaving a venue, public order and so on. All those issues have to be dealt with, so the devil in deregulating, or reducing the amount of regulation involved in, the licensing of entertaining is very much in the detail.

'I am, however, happy to reassure my hon. Friend that we are in the middle of discussions. I hope to have something to announce in due course, but that will rather depend on collective responsibility. My hon. Friend will understand that other Whitehall Departments are concerned to ensure that the right things are done on, for example, health and safety legislation or public order. The Department for Work and Pensions would be involved on health and safety, while the Home Office would be involved on public order. They have to sign off and approve these things, which have to be carefully and properly considered so that everybody is sure that we are not creating an unintended consequence.'
See: http://www.theyworkforyou.com/whall/?gid=2011-01-25a.62.0

Safety risks arising from of 'a large number of people in a comparatively small space' are already addressed in health and safety and fire safety legislation. The potential for nuisance is addressed in environmental legislation. Crime and disorder is similarly addressed by separate legislation. This wide-ranging legislative framework is deemed quite adequate by the government to regulate such risks where big screen broadcast entertainment is provided in pubs, bars, restaurants, city centres and indeed anywhere in England and Wales.

The only arguable justification for a licensing regime pre-emptively criminalising the provision of live music subject to prior consent from the public or the local authority, or both, is where there is the potential for a significant negative impact on the local community that cannot be adequately regulated by existing legislation.

This is clearly not the case for the vast majority of small gigs taking place within reasonable hours.

For the umpteenth time a minister directly involved in the deregulation debate fails to grasp this by the horns and explain why live music should be a special case.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 26 Jan 11 - 12:46 PM

http://www.theyworkforyou.com/whall/?gid=2011-01-25a.62.0

My hon. Friend has mentioned two issues concerning the broader deregulation agenda. One is licensing, particularly of live music and entertainment events. He gave some good examples of the great breadth of entertainment that is frequently provided by owners of historic houses up and down the country.

The creativity and range of those events is continuously growing, and we can all cite examples of the events being held at historic properties in almost every constituency around the country, which is all to the good. The fact that such events take place is superb, because it provides a sustainable reason for many of these properties to continue to exist. It will make sure that they are living and thriving and that they are not just museums or mausoleums, but have a current purpose, which is excellent.
-----------------------------------
In the case of the licensing regime, a great many people have concerns. Musicians' unions, for example, are calling for deregulation. My hon. Friend will understand that if one chose to go down that route, it would be important to make sure that there were no unintended consequences. There are real risks associated with live entertainment of one kind or another, simply because it can involve a large number of people in a comparatively small space. There are therefore concerns about health and safety, the disturbance caused by people arriving at and leaving a venue, public order and so on. All those issues have to be dealt with, so the devil in deregulating, or reducing the amount of regulation involved in, the licensing of entertaining is very much in the detail.

I am, however, happy to reassure my hon. Friend that we are in the middle of discussions. I hope to have something to announce in due course, but that will rather depend on collective responsibility. My hon. Friend will understand that other Whitehall Departments are concerned to ensure that the right things are done on, for example, health and safety legislation or public order. The Department for Work and Pensions would be involved on health and safety, while the Home Office would be involved on public order. They have to sign off and approve these things, which have to be carefully and properly considered so that everybody is sure that we are not creating an unintended consequence.

In other words, no one in the current Govt knows what to do or who is supposed to be doing it....

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 21 Jan 11 - 02:12 PM

http://www.thisiscornwall.co.uk/news/Portscatho-club-close-comfort-8211-woman-53/article-3116502-detail/article.html

The Portscatho Social Club is asking Cornwall Council's licensing committee to extend its closing from midnight to 1am.

It regularly stages live music events, bingo and quiz nights as well as running a popular film club on Monday nights.

But Elizabeth Walters, 53, of North Parade, who has written to the licensing committee, is urging club officials to enforce its rules and stop the noise.

She said: "I have already complained to the committee and was told that they were treating the issue extremely seriously. But nothing has changed."

She claimed the problems were worse at weekends when the club stages live music events and drinks promotions.

Hanging around

"I knew the club was there when I bought the property and I appreciate people need somewhere to go.

"But I regularly find I am awake at 3am unable to sleep because of people hanging around after the club has closed, smoking and drinking outside."

John King Comments:
Second-home owner from Derbyshire (woman 53) buys house with bedroom 4 metres from door of social club. Now she is objecting to it's licence. Yet again these purely selfish actions will be rewarded by t...he Licensing Authority. So much for the Big Society.
Do you get the impression that licensing officers take these kinds of cases up because they have NOTHING else to do with their time?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 19 Jan 11 - 06:23 PM

http://tradescant.blogspot.com/2011/01/wheatsheaf-tia-maria-licence.html

The following from John KIng:
Form 696 for musicians at Tia Maria Brazilian Restaurant in Stockwell. The licence conditions state Form 696 compulsory for: 'any occasion in a premises licensed under the provisions of the Licensing Act 2003, where there will be a live performer...(s) – meaning musicians...'

Not the first time the Met Police have mistakenly linked Brazilians with terrorists is it?

A look at the list of conditions link to here, is a truly surreal experience. This remember is a restaurant.....

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jan 11 - 02:27 PM

In this case, what LACORS call to 'err on the side of caution' - is illegal. They use the word 'advise' in this document when they mean 'insist' and that is the way that council licensing employees will read it. But there is nothing preventing the Licensing Authority from simply advising anything to anyone, at any point.

The law of the land applies to everyone. Would that we could all just ignore and break the law and excuse this by saying we 'err on the side of caution'.

Here we have the LGA Group lobby re-making a law they obviously do not like and consider to be lacking in some respect. But this is not the function of those who are employed only to enforce the law but the function of Parliament.

If the LGA Group lobby or anyone else consider current legislation to be lacking - there is a process for addressing this, one which the LGA Group lobby does not not think applies to them.

Why is the LGA Group lobby being allowed to flout the law and re-write it in practice, in order to suit them? These are the words of the legislation.

Music incidental to certain other activities

7 The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself—
(a)a description of entertainment falling within paragraph 2, or
(b)the provision of entertainment facilities.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jan 11 - 04:31 AM

Interesting that neither party here seems to even consider the the live music in this restaurant to be incidental, but there are probably factors for this. If it were incidental, then the Licensing Authority would not be able to place any advance conditions on it. But LACORS does not seem to see it this way..............

From the LACORS 'Guidance':
Lacors is also aware that the provision of any form of live music in premises, incidental or licensable, has the potential to generate much concern amongst residents, particulary where the premises is close to residential areas. Licensing authorities may err on the side of caution and advise the premises to apply for a licence so that noise control conditions are put in place. However, even if the music is deemed to be incidental, colleages may wish to discuss with the premises, measures to mitigate the potential for noise complaints.

We must assume that all the other parties to this document are in agreement with the above nonsence.

If this or any other activity is exempt for any reason - if the Licensing Authority do choose to advise the premises to apply for a licence - for any reason - they are exceeding their authority. LACORS have done a good old-fashioned magic switch over this exemption and have fooled many. Noise is simply not an issue which arises from the Act's wording of this exemption. It is drafted with the assumption that any concerns arising from any activity that is exempted in the Act for any reason, is covered by other existing legislation.

Do we have LACORS 'advising' that stand-up comedy should apply for a licence it is exempt from, so that noise control conditions are put in place?

Or that live TV sport should apply for a licence it is exempt from, so that noise control conditions are put in place?

LACORS seem to understand and accept what these EXEMPTIONS allow or prevent them from doing - why do they not understand this one? I think they understand alright - they just refuse to accept it and no one seems to have any power to make them.

In this case, what LACORS call to 'err on the side of caution' - is illegal. They use the word 'advise' in this document when they mean 'insist' and that is the way that council licensing employees will read it. But there is nothing preventing the Licensing Authority from simply advising anything to anyone, at any point.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jan 11 - 03:48 AM

http://www.thewestmorlandgazette.co.uk/news/8795221.Kendal_restaurant_owners_win_licensing_fight/

John King comments:
Restaurant 'wins' battle to stage live music. However, South Lakeland Council impose a noise limit of 90dB. The ambient noise of many restaurants is well in excess of 100dB, and 90dB can easily be exceeded by clinking of ...cutlery, mobile phones or even customers sneezing...

Interesting that neither party seems to even consider the the live music in this restaurant to be incidental. If it were, then the Licensing Authority would not be able to place any advance conditions on it.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 18 Jan 11 - 03:38 AM

http://www.theyworkforyou.com/wms/?id=2011-01-12a.18WS.3&s=%22live+music%22#g18WS.4

John King comments:
Home Office Minister James Brokenshire cocks up the dates of the Royal Wedding!

And pubs will still need a Temporary Event Notice to put on live music due to incompetant legal advice (probably from DCMS)

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 15 Jan 11 - 10:20 AM

http://yourcardiff.walesonline.co.uk/2011/01/14/roath-shisha-bar-plan-rejected/

John KIng comments:
It goes on... No music licence for an alcohol free shisha bar.

A Cardiff council spokeswoman said: "The use of Shisha pipes is not a licensable activity within the UK.. Shisha bars only need to be licensed if they are undertaking licensable activities such as providing late night refreshment, selling alcohol or providing regulated entertainment. If no licensable activities are taking place this does not preclude the need for appropriate planning consent where necessary.

The sub-committee – made up of Coun Robert Smith, Coun Geraldine Grant and Coun Derrick Morgan – rejected the application on grounds that it was in the saturation zone.

Satuation zones apply to licensed premises and are usually justified on grounds of alcohol consumption. So we have live music prevented here not because the main activity is licensable nor because of alcohol concerns. Interesting.

As the main purpose of the premises is not licensable - any live music is exempt from the need for additional entertainment licensing as incidental live music.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Jan 11 - 07:31 PM

This seems to make sense...................

While the trend towards urban living is to be welcomed as a way of regenerating inner cities and of easing housing shortages, common sense surely should prevail in such matters. If you move next to a live music venue, particularly one in a city centre, you accept there will be some disturbance.

If, as a developer, you want to build flats next to such an establishment, you make sure they've got adequate sound insulation.

Most importantly, if you, as a citizen, want your city to be seen as a vibrant, 21st century place, you don't let property developers ruin its culture and you find out a way of sorting out these problems before you allow any more building to take place where it might cause friction.

It doesn't seem too difficult to me, so why does it happen time and again?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Jan 11 - 07:22 PM

http://www.thebirminghampress.com/2011/01/14/development-setback/

Permission for a block of 50 new flats next to the Prince of Wales public house was renewed yesterday despite more than 300 letters to Birmingham city council from pub regulars and objections from local police who claimed that the development, overlooking Moseley police station, would present a security risk.

There are now worries that the sort of problems which have followed the arrival of residents into the city centre will threaten the future of one of Birmingham's best-known drinking establishments.

This type of conflict has been taking place for decades but first came to public notice in 2004 when the Fiddle & Bone in the city centre was forced to close following the loss of its music licence after complaints by people living in nearby luxury developments.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Jan 11 - 07:13 PM

http://www.yorkpress.co.uk/news/8791378.Noise_fears_over____new____Barbican_Centre/

John King comments:
Yet again, ONE resident is all it takes to get the Local Authority to place unnecessary and prohibitive conditions on a live music licence.

But Roy Haddon, who lives off Heslington Road near the centre, has written to the authority to say he already suffers between 2am and 4am from a certain amount of noise, such as people talking loudly to each other or on mobile phones as they walk away from the city centre. "Is there not a significant risk that this kind of nuisance will be increased by people dispersing from a late-night facility that is considerably closer than the city centre?" he asked.

He said he was also concerned that a significant number of Barbican visitors would try to park in already congested local streets where they will not have to pay.

Mr Haddon said he would like to see tighter restrictions imposed on the terms of the licence by the licensing committee to provide a "balance of convenience" between the applicants and local residents.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Jan 11 - 07:05 PM

http://yourcardiff.walesonline.co.uk/2011/01/13/licensing-committee-preview-january-14-2011/

John King Comments:
Police are objecting to Sultans Shisha Gardens, which intends to serve light refreshments, tea and coffee and deserts as well as live music indoors. Police are objectingon the grounds of crime and disorder, public safety an...d preventing children from harm

Police are also objecting to Sultans Shisha Gardens, City Road, Roath, which plan to have a back garden tent to allow 18 year-olds to enjoy smoking a pipe. Owners also intend to serve light refreshments, tea and coffee and deserts as well as live music indoors.

Potential opening hours will be midday – midnight with music from 7pm and refreshments between 11pm and midnight.

Police will make an objection to the committee on grounds of crime and disorder, public safety and preventing children from harm.

Councillor Richard Jerrett is also objecting. He said: "The council has a has a saturation zone which was put in place because of the concern that there are too many licensed premises in the City Road Area.

"Any addition to the number of licensed premises could lead to a greater number of problems in the vicinity and exacerbate the number of problems that already exist in this area of City Road."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Jan 11 - 06:58 PM

http://www.osadvertiser.co.uk/news/ormskirk-news/2011/01/13/the-water-s-edge-banned-from-playing-live-music-after-complaints-809

John King comments:
This is what happens when you give too much power to Local Authorities.

Mr Coen also asked for a noise limiter to be added to the premises to address the issues complainants had with loud noise.

This would control the pub's sound system and he invited Mr Hill to set the volume limit.

The Committee decided against this, however, and banned the pub from playing live music.

Closing time on Friday and Saturday nights was cut back and a DPS or senior member of staff must always be present while open.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Jan 11 - 06:52 PM

http://www.getwokingham.co.uk/news/s/2085465_landlady_left_bitter_by_unfair_ban

John King comments:
Live music banned in yet another pub. DCMS liars STILL claim there is no negative effect of licensing on live music.

Licensing panel chair Cllr Jeanette Skeats said: "This was not just about someone complaining. The council's environmental protection team went to the pub and there were noise problems and it was agreed something should be done. We judge every case on its merits and feel it was a fair decision."

Subject: RE: Licensing consultation announced!
From: GUEST
Date: 12 Jan 11 - 10:10 PM

The following from Hamish Birchall

'On 29 April 2011, the nation will celebrate the Royal Wedding of Prince William and Kate Middleton.'

So begins the Home Office consultation launched today to find out how many people back their plan to allow pubs and bars in England and Wales to stay open till 1am on Friday 29th and Saturday 30th April:
http://www.homeoffice.gov.uk/publications/consultations/royal-wedding-licensing-hours/

If the nation approves, the proposal will be implemented under Section 172 of the Licensing Act 2003. This allows the Secretary of State to relax opening hours for special occasions using a 'licensing hours order':
http://www.legislation.gov.uk/ukpga/2003/17/section/172

But the extra fun time would not automatically extend to the provision of live music, recorded music, or dancing. Only venues that already have live music and entertainment facilities permissions could benefit. The consultation explicitly asks 'Do you agree that the order should apply to the provision of regulated entertainment?': http://consultations.homeoffice.gov.uk/survey.php?survey=2

The wording of the question and the yes/no tick box answer means that no-one can indicate a preference for live as opposed to recorded music, or indeed for any of the seven different entertainments included within the term 'regulated entertainment'. Many people who might tolerate unamplified or moderately amplified live music till 1am may not be keen on extended hours for nightclub-style entertainment.

More significantly there is no question seeking public consent to apply the extra hours order to the provision of entertainment facilities.

This is a serious oversight. 'Entertainment facilities', as described within the Act (Sch.1 para 3), cover not only amplification, but also dance floors, musical instruments, a stage or even a karaoke machine. In other words, pretty much anything that enables people to be entertained, or to entertain themselves, through music and dancing.

In failing to seek public consent on extending operating times for this crucial licensing permission, as far as music and dancing is concerned the consultation is void.

Even if Culture Secretary Jeremy Hunt allows extra time over the Royal Wedding weekend for alcohol and the provision of regulated entertainment, only about a quarter of licensed premises have the necessary authorisation for the provision of 'entertainment facilities' that would allow dancing to live bands or recorded music. But with the consultation as it stands, he will not have public approval to allow even these venues to host music and dancing beyond their existing operating times. The entertainment facilities statistics were confirmed by the government last year in a Written Answer to a question from Lord Colwyn:
http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/100927w0004.htm#1009013001399

By contrast most bars and pubs could provide a DJ without dancing, as permission to play recorded music was granted automatically to all bars converting their old licences in 2005. And big screen broadcast entertainment needs no Licensing Act permissions at all.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 12 Jan 11 - 10:07 PM

The Government has today launched a consultation proposing a relaxation of licensing hours to mark the wedding of Prince William and Catherine Middleton on 29th April 2011. The consultation proposes that all licensed premises in England and Wales should be able to open until 1am on Friday 29th April and Saturday 30th April for the sale of alcohol for consumption on the premises and the provision of regulated entertainment.

The Government is inviting views on this proposal. The consultation will run for two weeks starting from today, Wednesday 12th January 2011 and will close on Wednesday 26th January 2011. The full consultation document and information on how to respond can be found on the Home Office website. The link to access the consultation document and online consultation response form is below.

http://www.homeoffice.gov.uk/publications/consultations/royal-wedding-licensing-hours/

We look forward to receiving your response.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 11 Jan 11 - 03:36 AM

http://www.thisisleicestershire.co.uk/news/Bar-bid-play-live-music-later/article-3080322-detail/article.html

John King comments:Just about every live music licence application faces objections from a handful (or often only one) of residents.

The council's noise team has objected to the application.

In a letter to the licensing team, pollution control officer Chris White said: "If this extension is granted, I believe that it is likely to cause a nuisance to the local residents.

"We have already received several complaints from a resident about this premises and a nuisance has been witnessed when the premises was still open at 11.40pm."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 11 Jan 11 - 03:30 AM

http://www.leyland-guardian.co.uk/blackpool-news/Fears-over-new-bar-bid.6685459.jp

"The playing of live music will cause more disturbances in the area and we already hear car doors banging at all hours in the morning."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Jan 11 - 09:23 AM

http://www.iwcp.co.uk/news/news/premises-told-to-improve-security-36628.aspx

Sgt Voller said he made safety recommendations because the pub attracted trouble on live music nights — a view disputed by Wendy Blake, the pub's manager.

John King comments:
Live music? Not without polycarbonate glasses and door staff.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Jan 11 - 09:17 AM

http://www.spiked-online.com/index.php/site/article/10060/

Now even clowns are spied on by the state

In modern-day Britain, a man in a comedy suit can't even blow up balloons for children without first being okayed by the authorities.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Jan 11 - 07:33 AM

http://www.thepublican.com/story.asp?sectioncode=16&storycode=68746&c=1

Some interesting views here from the license of The Artful Dodger!

I have bought the music legally, the artist has been paid for the work, I don't charge customers to listen to it, if anything it is giving a showcase for the latest music that my customers can then go out and buy for themselves'

This week we have seen the contempt with which those at the PPL treat the licensees with a huge legally enforceable fine for late payment.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Jan 11 - 07:59 AM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1043760&c=1

PRS for Music has received 31 official responses to its long running consultation on live music royalty rates, which closed at the beginning of the year.

The Concert Promoters Association, Festival Republic and the Glastonbury Festival are among the respondents to the consultation, which opened last June and looked at a number of associated issues from secondary ticketing to kickbacks on booking fees.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Jan 11 - 03:24 AM

http://www.thepublican.com/story.asp?sectioncode=7&storycode=68717&c=1

PPL, the music royalties collection firm, has come under fire for alleged heavy-handed tactics in collecting late payment fees.

The company's approach has been thrown into the spotlight after a licensee was fined half the total of her bill for paying just over two weeks late – and told she could face jail if she challenged the fine.

The 50 per cent surcharge has been in place since last February, but the case serves as a major warning to other licensees who are late with their PPL fee payment.