Licensing consultation announced!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 09 Mar 12 - 05:05 AM

http://www.musiciansunion.org.uk/news-events/2012/03/08/live-music-bill-passed-its-final-stages-in-the-commons-on-friday/

The LMB goes somewhere to repair the damage done to live music and to all musicians by the Licensing Act 2003.

Whoever's watch on the MU, under which this damage was allowed to take place should be expected or asked to resign.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Mar 12 - 11:45 AM

The following from Hamish Birchall


The Live Music Bill will become the Live Music Act tomorrow morning when
it receives Royal Assent in the House of Lords:
http://services.parliament.uk/bills/2010-12/livemusichl.html

However, the legislation is unlikely to come into force until October.

On 27th January, when the Bill completed its Parliamentary stages, the
possibility of early implementation in time for the Queen's Diamond
Jubilee celebrations and the Olympics was raised by Lord Colwyn and Lord
Clement-Jones, co-sponsor of the Bill with Don Foster MP.

But the statutory licensing guidance that accompanies the Licensing Act
('Guidance issued under s182 of the Licensing Act 2003') must first be
substantially revised, with input from key stakeholders, including the
police and Local Government Association (LGA). This is essential if the
legislation is not to be misunderstood and misapplied by all sides, as
has so often happened in the past.

Some in the music press seem to think that the Bill marks the
culmination of a few years lobbying by musicians and the music
industry. In fact, it has taken more than 30 years of lobbying and
campaigning by musicians, backed by a coalition of the music industry,
arts organisations and performers' unions, to arrive at this historic
moment for the regulation of live music in England and Wales.

Since at least the mid-1980s, musicians have been making representations
to central government to relax entertainment licensing because it was
hindering or actually preventing small gigs. Hopes were raised when New
Labour announced an overhaul of licensing in 1998, but dashed when it
became clear in 2002 that controls were actually to be increased, with
the scrapping of the exemption for one or two musicians in bars, and the
introduction of licensing for 'entertainment facilities'.

When implemented, the Live Music Act will do away with the entertainment
facilities licensing requirement. The unlicensed provision of pianos,
or other instruments, for use in live performance will no longer be a
potential criminal offence.

Performances of live music between 8am and 11pm will be exempt in pubs,
bars, restaurants, schools, hospitals, and indeed all premises falling
within the definition of a 'workplace' for the purposes of health and
safety legislation.

For amplified music, audiences are limited to 200. There is no audience
limit for unamplified live music. In premises already licensed for
alcohol, existing conditions relating to the provision of live music
will not be enforceable for performances between 8am and 11pm. But if
there are noise problems, and complaints, a licence review could result
in enforceable conditions.

The Bill also amends the Licensing Act to allow amplified live music to
accompany performances of morris dancing or dancing of a similar nature.

Ironically, while deregulation for live music is going ahead in England
and Wales, in Scotland entertainment licensing is being increased, much
to the annoyance of those at the receiving end: http://bit.ly/A1ekNr

This is an untenable position for the Scottish government. The
rationale for entertainment licensing there is the same: to control
public safety and noise. But the legislation that regulates public
safety and noise applies across the UK. It is absurd to have within one
jurisdiction essentially the same gig legal in one part, but illegal
in another, unless licensed.

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 06 Mar 12 - 02:17 PM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1048749

The Live Music Bill is on course to receive Royal Assent on Thursday, but won't be implemented into law until October.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Feb 12 - 08:09 AM

http://www.independent.co.uk/news/uk/politics/mps-bar-familiar-with-rowdy-scenes-7400844.html

The Strangers Bar - scene of an alleged brawl last night - has for long been the rowdiest bar in the Palace of Westminster, with the possible exception of the Press Bar.

It has for long been nicknamed either The Stranglers or more frequently The Kremlin, because its patrons were more likely to be Labour MPs than anyone else.

And it gained a reputation as a kind of spit-and-sawdust venue, whose customers preferred pints of bitter to the more "sophisticated" drinks imbibed in other Westminster bars.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 14 Feb 12 - 09:52 AM

http://www.morningadvertiser.co.uk/General-News/ACPO-wants-risk-assessments-for-live-music

He added: "The question we are asking ourselves is why we have the regulation in the first place? Quite clearly it is there to assist us and you in preventing harm to people.

By this logic of course - once you have regulated (or over-regulated) something - there can never be any de-regulation of anything.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 11 Feb 12 - 12:18 PM

http://www.john-gaunt.co.uk/news/299/scotland-public-entertainment-licensing

Currently a licence is required when anyone intends to have entertainment, such as a dance, concert, variety show or other entertainment to which members of the public are to be admitted and where some payment for admission is to be paid.

The Act repeals the words "on payment of money or money's worth" from section 41(2) of the Civic Government (Scotland) Act 1982. This allows licensing authorities to control large-scale public entertainments that are free to enter. Further, authorities will have the discretion to license events such as gala days or school fetes.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 08 Feb 12 - 07:58 PM

https://www.musictank.co.uk/blog/form-696-lives

We should remember that far from being scrapped, this form is still in use and is currently a condition of license for more than a 100 London venues as well as a standard part of a risk assessment in 21 London Boroughs.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 08 Feb 12 - 07:53 PM

http://www.morningadvertiser.co.uk/Opinion/Peter-Coulson/How-to-get-rid-of-surplus-conditions

"One practitioner told me last week she had yet to see a licence returned after grant that was accurate. My own experience is similar."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Feb 12 - 07:46 AM

http://www.dorsetforyou.com/401679

The above link does make reference to Representations can be either for or against proposals in the application.

I will take full credit for this (later) insertion - however this document is still on the site and is unchanged since my first dealings of the Cove House Inn, way back in 2001!

http://www.dorsetforyou.com/media.jsp?mediaid=163584&filetype=pdf

WEYMOUTH AND PORTLAND BOROUGH COUNCIL LICENSING COMMITTEE PROCEDURE

The Chair introduces Members of the Committee and Council Officers present and invites identification of other persons present at the meeting. The objectors will be asked to identify one or at most two representatives to speak on their behalf.
If the applicant is not represented he/she is informed of their right to be so represented.
The Licensing Manager outlines details of the application.
The applicant is invited to present the case.
Committee Members will be invited to ask questions.
The objectors' representative will be invited to question the applicant.
The Chair will ask other objectors whether there is anything they wish to add.
Where appropriate the Police or technical advisers to the Committee will make their observations.
Ward Members may assist the Panel in matters of local knowledge but if objecting must do so in writing in advance in the usual way.
The applicant will be invited to ask questions of the Police and/or technical advisers.
The objectors' representative will be invited to make submissions. Committee Members may wish to seek clarification on the points raised.
The applicant will be invited to ask questions of the objectors.
The applicant will be permitted to 'sum up'.
The applicant, objectors, Officers and Legal Officer (other than the Minute Taker) and third parties will withdraw. Note that with the exception of the Legal Officer, if one party is to be recalled, then all should be recalled. If the Legal Officer is recalled without the other parties being recalled, the legal advice they give will be repeated when all other parties are recalled.
Committee Members consider the merits of the application.
The Chair may recall the Legal Officer to provide legal advice and assistance.
The parties are invited back into the meeting.
18. The Chair will:
(a)   Notify the applicant of the Committee's decision and will usually state that confirmation of it will be in writing.
(b)   Give brief details of any conditions attaching to the Licence approval; or
(c)   Outline the reasons for the refusal (if any). Note that this will not always be the case and often the detailed reasons will be set out in the written confirmation.
(d)   Inform the applicant of his/her right of appeal to the Magistrates' Court if available. (Taxi, Private Hire and Public Entertainment applications only.)
These rules of procedure are issued for guidance and may be departed from at the discretion of the Chair where necessary to deal with the application expeditiously and fairly.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 07 Feb 12 - 06:57 AM

http://www.cheshirewestandchester.gov.uk/business/licensing_and_permits/entertainment_and_alcohol/licensing_act/licensing_consul

John King comments:
Here's Chester and Chester West Council advertising for objections to licences.

From their website: "If you have concerns that an application will have a negative effect for you or your family or organisation you can make a representation (an objection to it)".

No mention that a representation can be in SUPPORT of a licence, and that councils are supposed to equal weight to both sides of an argument.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 04 Feb 12 - 08:32 AM

http://www.leamingtonobserver.co.uk/2012/01/29/news-Priest's-protest-over-pub-license-bid-28547.html

About a dozen other letters of objection have been sent to the council about the license application, from a school chair of governors and neighbouring residents including Carolyn Gifford who has logged every incident of nuisance around the bar – under its previous management - over the last four years.

Bosses of the bar want permission to sell alcohol from 10am to midnight Sunday to Thursday, and from 10am to 1am Friday and Saturday, as well host and play live and recorded music and operate as an off-licence on the site until 11pm throughout the week.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Feb 12 - 04:16 PM

http://chriswhite.mycouncillor.org.uk/2012/02/03/farmers-boy-application-for-more-live-music-nights/

John KIng comments:
Why are there so many objections about live music licences?

Here's the Farmer's Boy in St Albans applying for an extra live music night - and here's the LGA "culture" spokesman soliciting objections from residents.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Feb 12 - 04:12 PM

http://www.thestage.co.uk/features/letters/feature.php/35112/rejoicing-as-bill-is-passed

And a great big note of thanks is due to Hamish Birchall, the musician who relentlessly made it his business to follow every twist and turn of the campaign and keep us all up to date with what was going on.

The success of the Live Music Bill will give a tremendous boost to the entertainment industry, particularly in this Olympic year, when we are all in the world's spotlight.

But one question occurs to me: Will there be any pubs left to play in?

Annie Bright
Equity Councillor - Variety, Light Entertainment and Circus
Poplar Walk
London SE24

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 03 Feb 12 - 04:04 PM

http://blogs.culture.gov.uk/main/2012/02/jedward_world_heritage_hors_do.html

Good News from Parliament

So, what else can we talk about? I know. A Private Member's Bill – The Live Music Bill – finally made its way through the many and various stages of the legislative process. Parliament-watchers will know just how impressive this is. PMBs, as they are known, can be blown off course by the slightest thing – whether it's the Government of the day withholding support at a critical moment or one of the back-bench awkward squad shouting 'object' at just about any point. So congratulations to the people behind it, and to everyone who supported it, and most of all to the collective common sense without which etc.

As you'll have guessed, the Bill wouldn't be about to become an act without Government support in the shape of my team at DCMS beavering away to help behind the scenes. My thanks to them, and now we can move on to build on the spirit of the Live Music Bill ourselves, with a broader reform of licensing rules and regulations affecting entertainment more generally. I've written about this in the past and we spent a fair slice of last year consulting the trade and the public on what they thought of our plans. There were hundreds of responses so inevitably we have to move at a slower pace than the PMB was able to do. But be assured, we'll get there as quickly as we possibly can.

Do I detect an attitude that ammounts to a message to live music - saying 'that's your lot mate'.....?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 02 Feb 12 - 07:21 AM

http://www.morningadvertiser.co.uk/General-News/Red-tape-curbs-likely-by-year-end-claims-DCMS

The Government could act to cut further red tape on the industry by the end of the year, the Department for Culture Media & Sport (DCMS) has confirmed.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Feb 12 - 08:19 AM

http://blogs.culture.gov.uk/main/2012/01/red_tape_lester_piggott_and_a.html

As part of all this, I was also pleased this week to start the formal process of scrapping a particularly bonkers pair of regulations that came into being as part of the 2005 Gambling Act. Did you know, for example, that it's against the law to employ anyone under 18 in any capacity or in any job on a racecourse where betting takes place? Or that you can't locate a fruit machine in an 'airside bar' at a British airport? Neither rule has any logical basis.

Any more examples for Licesing Minister Mr Penrose?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 01 Feb 12 - 03:52 AM

http://www.classicfm.co.uk/music/interviews/orchestra-age-enlightenment-take-pubs/

The Orchestra of the Age of Enlightenment are embarking on a very special tour at the end of this month, bringing the works of Handel, Purcell and Tartini to pubs.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jan 12 - 08:27 PM

Crawley MP Henry Smith, who attended the debate, said: "I believe licensing for live music venues of under 200 people between 8-11pm should continue so that the needs of local residents who may be affected can be taken into account as can safety and security concerns of concert-goers.

John King comments:
Henry Smith may not realise - as many people do not - that all premises licences converted in Nov 2005 inherited an embedded right to hold DJ events. In effect DJs were not licensed - as they did not require prior permission to perform.

Why then is this sudden concern over the capacity of 200 for LIVE music, when RECORDED music (and pub quizzes, dart matches, televised football etc) has been able to stay within the licensed capacity of the premises using existing legislation.

Any remaining supporters like MR Smith MP, of the expensive and complicated process involved in the ADDITIONAL Entertainment Licensing permission measures which are contained in the Licensing Act 2003, need to finally inform us of exactly what the ADDITIONAL concerns are, which do not currently arise at non-musical gatherings and which only this additional entertainment licensing permission is adequate to ensure the public's interests.

The whole premise of why ADDITIONAL Entertainment Licensing is still stated to be required - is the bizarre argument that, in places already risk assessed for the public to safely gather - the playing of live music (and live music only) creates such an ADDITIONAL risk to the public's interest that only ADDITIONAL Entertainment Licensing can deal with this ADDITIONAL risk.

What exactly is this ADDITIONAL risk that threatens the public gathered in pub or school in order to listen or play live music that is not present in the same venue for their other activities and for a performance of stand-up comedy (which does not currently require ADDITIONAL Entertainment Licensing) for example?

Again, it quite bizarre that the LGA Group lobby find themselves in general acceptance of the Govt's proposed removal of other activities, like the performance of a play - but not for live music which they still maintains presents ADDITIONAL risks but for which no supporting evidence is supplied.

It is also implied (by those who do not understand and by those who would intentionally mislead) that the current anti-noise legislation is somehow inadequate to protect the public's interest - but only it would appear in response to where there is any proposal to further remove ADDITIONAL Entertainment Licensing.

The further removal of ADDITIONAL Etertainment Licensing will certainly help live music but it will not have any effect on the level of actual noise concerns.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jan 12 - 08:56 AM

OOOOPS!

"It is important that elected councils should be allowed to act in the interests of local people."

It is equally important to remind those who make statements like this - that the interests of local people also incude those who play,are interested in live music and earn their living from it and that local councils very seldom do act in the interests of anyone who is not sending them letters of objections and complaints.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jan 12 - 08:50 AM

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jan 12 - 08:49 AM

http://www.crawleyobserver.co.uk/news/gatwick-news/landlord_welcomes_change_to_music_bill_1_3453707

But some believe relaxing music licensing could cause disturbances.

Crawley MP Henry Smith, who attended the debate, said: "I believe licensing for live music venues of under 200 people between 8-11pm should continue so that the needs of local residents who may be affected can be taken into account as can safety and security concerns of concert-goers.

"It is important that elected councils should be allowed to act in the interests of local people."

It was a good job that Henry Smith MP, who claims to have attended the debate, did not vote. It was so quick, he must have missed it!

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jan 12 - 08:37 AM

http://www.theyworkforyou.com/wrans/?id=2012-01-30a.92606.h&s=music

John KIng comments:What's good for the goose... Another question might be: Did management at the O2 Arena run a Form 696 background check on a US musician (Rihanna) when she performed in 2011?

Greenwich Council made Form 696 check a COMPULSORY licence condition at the O2. It would have been a potential criminal offence for a Form 696 NOT to be completed.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 31 Jan 12 - 04:53 AM

http://www.harringayonline.com/forum/topics/jamaica-village-consultation-on-details-closes-29th-february?commentId=844301%3AComm

John King Comments:More details of the Jamaica Village licence fiasco. As part of the deal to allow the event to go ahead Haringay Council have helped themselves to 4,000 free tickets. "The Police asked for a number of measures to be put in place for the event and these have been incorporated into the license conditions." It remains to be seen if Form 696 is a requirement. It certainly wasn't for Madness. But Madness aren't "black".

In addition as part of the Land Use Agreement we secured 4000 free tickets for the event which we will be distributing to those who otherwise would not be able to afford to attend the event. If you have any thoughts about a worthy group or idea to distribute tickets then please feel free to include this in your response also.

It is difficult to see how this event could even break even when it has to lose the ticket money for 4,000 people.

Can you see such extortion by Westminster Council to enable "those who otherwise would not be able to afford to attend the event" to attend The Royal Opera? Most of us would be included in the category of those who otherwise would not be able to afford to attend that and similar London events.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 01:07 PM

http://www.thesun.co.uk/sol/homepage/news/4093227/Olympics-news-Giant-bell-to-open-Olympic-Games.html

John King comments:
Giant Bell to open Olympic Ceremony? Provision of facilities for making music at the stadium has not been licensed.

The £27million show "Isles Of Wonder" is inspired by Shakespeare? Performance of plays at the stadium have not been licensed.

Madness to perform at closing ceremony? There's no licence to provide a stage for live music. They can however mime, but mime itself remains a criminal offence.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 12:52 PM

http://www.newsandstar.co.uk/news/cumbrian-pub-welcomes-bid-to-ease-live-music-rules-1.919904?referrerPath=news

A Carlisle bar has welcomed a bid that will make it easier for pubs and clubs to hold live music – potentially boosting business.

Alex Murrell, supervisor at the Thin White Duke on Carlisle's Devonshire Street, said that the relaxed law would encourage the venue to put on live music.

He said: "We have never done live music before but that would be cool."It's something that we are looking into anyway and the easier it is the better. We're well up for it."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 12:40 PM

http://www.swindonadvertiser.co.uk/news/9497771.Pub_to_open_longer_despite_opposition/

A STRATTON pub has been granted longer opening hours in the face of opposition from residents after the proposed time periods were reduced.

The Wheatsheaf, in Ermin Street, has been granted an extra half an hour to its licensed hours at the weekends, meaning it can supply alcohol until midnight on Friday and Saturday and 11pm on Sunday

John King comments:Again, one person moves next door and complains. Any conditions restricting live music will be removed by the Live Music Bill (before 11pm), but the Govt has yet to come up with proposals to protect businesses and jobs from vexatious locals.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 12:29 PM

http://voice-online.co.uk/article/brand-jamaica-comes-town-olympics

John King comments: Predictably, Haringey Council ruins Jamaican music event with demands for an army of 200-225 security staff. 'When contacted Haringey council confirmed Jamaica Village's licensing application had been received "well within recommended timelines" but declined to comment on why it had placed tough rules on the organisers.'

It reveals that Jamaica Village, which will operate from 11.00 am to 11.00 pm each day, must have:
• Three quiet days during the event
* 200 to 225 security staff every day
• Bars closed at 10.00 pm
• All visitors searched
• Live music on the main stage shut down by 8.00pm and other entertainment by 10.30 pm

Of course all visitors to the Olympic events which are taking place at the same time - will also have be subjected to a search......As a pig is seen flying across a blue moon....

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 09:50 AM

http://www.local.gov.uk/web/10161/legislation/-/journal_content/56/10161/3168126/ARTICLE-TEMPLATE

It is clear from the above, that the LGA Group lobby do not intend to support any further deregulation for live music - which they continue to maintain is presenting more concerns than the same-size gatherings for any other purpose than live music.

We therefore propose that the following low-risk activities would benefit from deregulation between 07:00 and 23:00 and for audiences up to 500:

a performance of a play
an exhibition of a film
an indoor sporting events
a performance of dance.

They are continuing the position that all live music presents special risks that the other gatherings, listed above do not present, that planning, environmental, health & safety and other existing legislation is inadequte to deal with and which only the requirement of the ADDITIONAL Entertainment Licensing permission contained in the Licensing Act 2003 is able to address.

The supporting evidence as to why live music and musicians present such serious problems is not very convincing and it never has been.

Indoor music events – recorded and live
Events using both live and recorded music help to generate a healthy, world-class music industry. Councils want to help music events to continue to prosper to ensure that music can be enjoyed by as many people as possible.

However, it is also the role of councils to balance this with the views of residents living nearby whose quality of life will be impacted by excessive noise and nuisance. Councils also have a duty to protect the welfare of staff and attendees at the music events.

The clear message from councils is that events playing live or recorded music inevitably generate more noise and attract more people. This means the risk to attendees is higher and inevitably the nuisance for local residents is greater. It is vital that councils can still protect both of these groups by working in partnership with live and recorded music venues to minimise risks. The current licensing process facilitates this relationship and provides clear powers for a council to respond to issues that do arise.

Before councils consider supporting any form of deregulation of live or recorded music we must first understand more about how the proposed deregulation of entertainment events will impact on premises' licenses for the sale of alcohol. We consider this in more detail from paragraph 34 onwards. This will be crucial in determining whether councils feel they have sufficient powers to support the deregulation of live or recorded music.

Before the LGA lobby wander off the subject into alcohol related concerns as if these were connected

and they consider continuing the case that all live music presents special risks that the other gatherings, listed above do not present, that planning, environmental, health & safety and other existing legislation is inadequte to deal with and which only the requirement of the ADDITIONAL Entertainment Licensing permission contained in the Licensing Act 2003 is able to address - perhaps they MUST first provide some convincing evidence?

If current alcohol licensing and anti-noise legislation is inadequte or the local enforcement of these areas is insufficiently staffed - then it these which need to be addressed and the long suffering scapegoat that is live music and musicians can be finally free of the prejudice that continued to prevent and limit it.

The staff currently wasting our time and money in Entertainment Licensing can be deployed in areas where their best efforts may ensure that we all can get a good night's sleep.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 09:09 AM

http://www.bbc.co.uk/news/uk-england-london-16743143

John King comments: As was widely reported, all Olympic venues will have to abide by Sunday trading laws.

But they will also have to abide by music licensing laws, which in the case of the premises licence of the Olympic Stadium, prevent the playing of music through the Stadium PA. The opening ceremony won't be much fun if the Live Music Act isn't enabled in time.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 30 Jan 12 - 09:02 AM

http://licensing.suffolkcoastal.gov.uk/protected/wca/publicRegisterLicActPremisesLevel3.jsp

John King comments: In the Suffolk borough of Snape, Licensing Officers are hard at work protecting locals from the village hall. Snape Village Hall has this licence condition:

"In the event of fire, the Fire Service shall be called immediately".

It also has this condition on the performance of plays: "The Licensee shall not allow any lewd, obscene or indecent performance to take place on the licensed premises". The Licensing Act 2003 explicitly forbids councils from censoring plays.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 29 Jan 12 - 08:28 PM

http://www.morningadvertiser.co.uk/General-News/Live-music-regulations-set-to-become-law

The de-regulation of live music licensing is now all-but inevitable after lords approved the Live Music Bill in Parliament.

John King comments: Tourism and heritage minister John Penrose said: "This is just one step in what I hope will be a much larger process of removing burdens across all forms of regulated entertainment.

...Following our public consultation on this I hope to set out how we might take this forward in the next few months."

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jan 12 - 12:19 PM

With the Live Music Bill, there has been some move in the legislation back to before when Alcohol and Entertainment were linked together and required the same licence under the Licensing Act 2003 (the Act).

For the LMB has once again secured some sensible safeguards for small-scale live music, which were lost under the Act.

It has obtained these for venues which would not normally serve alcohol, when such safeguards as there were previous to the Act, like the 'two-in-a-bar rule' were confined to pubs etc.

But we now have a new situation which was not previously an issue for live music, as venues licensed for alcohol were all mainly closed around 11.30pm, unless permission (usually in the form of additional licensing permission) was obtain to enable later closing times.

We have the situation where pub & clubs can now serve alcohol until much later than 11pm but where additional entertainment licensing must be obtained in order for live music to continue past 11pm.

With the Live Music Bill in place, should any session which is taking place in any venue without additional entertainment licensing in place, extend past 11pm - the activity will become illegal at this point and the licensee (and possibly the session's organiser) will be liable for the Max of 6 Months in prison or a £20,000 fine.

This 11pm curfew is said to be required on the grounds of preventing noise - and automatically applies even where the music is non-amplified and despite the fact that special anti-noise measures already kick-in at 11pm and before a note of music has been sounded to establish if the live music is a noise pollution concern or not.

The irony is that the Govt's support for the LMB (the reason it passed) was conditional on this 11pm curfew being set in the LMB but when the consultation for the Govt's own proposal contain a very good argument against the introduction of such a set time.

As the main argument against continued additional entertainment licensing is that it is now duplication of issues already covered by other existing legislation - it seems that this set curfew when additional entertainment will automatically kick in, is already covered and is duplication of issues that are already covered.

The MU, in refusing calls from their membership to publicly oppose the main issue for their members which is contained in Licensing Act 2003 - are supporting the 'spurious' basic premise on which the requirement for the Act's remaining additional entertainment licensing permission is based.

This premise is that, in advance of a note of music being sounded, live music and musicians will automatically present concerns which existing planning, environmental, health, safety and other legislation is inadequate to deal with and which only additional entertainment licensing permission is adequate to deal with.

Any remaining supporters of the expensive additional entertainment permission measures contained in the Licensing Act 2003, need to finally inform us of exactly what the concerns are, which only this additional entertainment licensing permission is adequate to deal with, why this other existing legislation is inadequate and why this cannot be made fit for purpose?

Until and unless they can convince us of this, perhaps the poor old and long-suffering scapegoat - that is live music and musicians - can finally be set free?

The DCMS now have the results of the latest of many such consultations and perhaps will be either prepared to try and convince us or be brave enough to finally bury the concept on which additional entertainment licensing permission (for every occasion) is based.

There comes a time when the stabilising wheels on a child's bicycle have served their purpose and where retaining them can only impede forward progress. At this point, these wheels can safely be removed. This is the point that the use of additional entertainment licensing permission (for all occasions) has now reached.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 28 Jan 12 - 07:24 AM

http://www.thesession.org/discussions/display/29192

This discussion shows more undeserved praise for the MU and much confusion on the subject.

"I thought there was already seperate legislation to deal with noise nuisance".<


Of course there is and it is this raft of existing anti-noise legislation that LAs should be using to deal with any form of noise pollution and which makes possible, this small but welcome relaxation in ADDITIONAL Entertainment Licensing permission. This is only a start...........

There is for example special noise legislation measures which automatically kick-in at 11pm.

HOWEVER, even after the Live Music Bill and on the grounds of (only potential noise) - non-amplified sessions will still be subject to the full requirement for ADDITIONAL Entertainment permission, automatically on the stroke of 11pm!!!

Without obtaining this permission, any session which extends after 11pm (even in pubs which remain open to serve alcohol to much later) will be illegal and will render the licensee (and possibly the session organiser/leader) liable to a max of 6 months in prison or a £20,000 fine.

There is still a long way to go.......but please do not perpetuate the myth that ADDITIONAL Entertainment Licensing - often required in advance of a note of music being sounded - can be any use in dealing with noise pollution.

The use of thismeasure can only continue to needlessly prevent and limit live music, and especially non-amplified sessions, when these activities in practice present no measureable noise pollution.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jan 12 - 01:56 PM

The following from Hamish Birchall

What better day than Mozart's birthday for the conclusion of
Parliamentary debate on the Live Music Bill.

The two minor amendments agreed in Commons Committee were ratified in
the House of Lords. We now await dates for Royal Assent and implementation.

Speaking to the amendments, Lord Clement-Jones offered his own 'Brit
Awards' to those organisations and individuals who had helped him make
the Bill a success. Lord Colwyn added his thanks and congratulations.
Both expressed the hope that the Bill would be enacted in time for the
Queen's Jubilee and Olympics.

Lord Clement-Jones added: 'At that time there will be suitable
celebrations and performances, I hope, in pubs and clubs up and down the
land.'

Baroness Rawlings responded: 'My Lords, on behalf of the Government, I
would like to add my thanks and congratulations to my noble friend Lord
Clement-Jones on his persistence and for having successfully steered
through this very worthwhile Bill. Regarding the Olympics and Her
Majesty the Queen's Jubilee, it would seem appropriate. I will, of
course, take the wishes of my noble friend Lord Clement-Jones back to
the DCMS.'

Watch on Parliament tv here (it only lasts a few minutes):
http://www.parliamentlive.tv/main/Player.aspx?meetingId=9923

Read in Hansard:
http://www.publications.parliament.uk/pa/ld/ldtoday/l_01.htm#d2e25

ENDS

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jan 12 - 01:45 PM

http://www.bbc.co.uk/news/uk-england-cornwall-16748566

John King comments: 30 noise complaints? Or is that just 1 person complaining 30 times? In any case, the club has been closed by the council and that means job losses. Who has suffered the greatest injury: the person moving next door to a licensed premises oblivious to potential for noise disturbance; or the people thrown onto the dole?

It is not clear if any of the music here was played live but what certainly clear is that any non-amplified live music that may have had permission as Regulated Entertainment, is now prevented (on the grounds of noise).

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 27 Jan 12 - 01:34 PM

http://www.thebreaker.co.uk/2012/01/27/curbs-to-be-relaxed-for-live-music-in-pubs/

The Bill covers protects venues with a capacity of less than 200 people. Even authorities are flummoxed by the objective behind this Bill. "The government is ticking off a bureaucratic hurdle from their list, because this Bill will likely benefit village halls and small community spaces only. However, they did not require a licence for hosting musical gigs in the first place. They only required one in the event they served alcohol," says Frank Wenzel, Licensing Manager, Borough of Poole.

An article which manages to miss every point and totally ignores the fact that the Bill has removed Entertainment facilites.

And what Poole's licensing Manager may be quoted on is unclear but what is printed here is rubbish. If it were true - there would have been no need for the Live Music Bill.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 25 Jan 12 - 08:36 AM

http://www.morningadvertiser.co.uk/General-News/Tourism-taskforce-Government-must-cut-red-tape

The Government has been urged to make applying for a premises licence easier and to cut red tape on health and safety regulations. The Tourism Regulation Taskforce – chaired by the British Hospitality Association president Alan Parker – has submitted more than 80 proposals to tourism minister John Penrose as part of the Government's Red Tape Challenge.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 25 Jan 12 - 08:27 AM

http://www.cambridgenetwork.co.uk/news/article/default.aspx?objid=86669

The Bill, which allows live music to be played in pubs and other small venues without red tape licensing restrictions, has been welcomed by Cambridge MP, Julian Huppert.

"This Bill will bring huge advantages to small venues that are being crippled by unnecessary licensing restrictions," he said. "It means publicans and the organisers of small events held in school and village halls across the city will not have to apply for licenses to play music.

"This simple easing of the present restrictions could mean the difference between a pub surviving or struggling to attract customers in this difficult economic climate.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jan 12 - 09:10 PM

http://www.dorsetecho.co.uk/weymouth_olympics_2012/news/homepage/9402870.Weymouth_s___700_000_Bayside_Festival/

A FAMILY festival will be bringing an 'extreme skate park' and reverse bungee jump to Weymouth seafront during the Olympic Sailing events.

Weymouth Bayside Festival is costing organisers around £700,000 to stage and will encompass a 13,300 square metre site behind the Pavilion theatre.

Highlights will include performances from 250 bands across the two-week period, an arena and food court, street theatre, more than 50 retail stands, plus a Discover Dorset zone featuring up to 20 local artists and craftsmen.

The site, which has a capacity for 8,500 people, will also boast a Jurassic exhibit, a technology zone with all the latest innovations and gadgets, giant screens throughout the site and a Try Sailing or Kayaking simulator.

On the required and only just posted - Public Notice, my Council have a new Premises License application for the above event , including a line which is asking for "Entertainment Facilities e.g skateboard display park".

Since when is skateboading, music and dancing?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jan 12 - 08:28 PM

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1048239

Chair of the Local Government Association's Culture, Tourism and Sport Board, Cllr Chris White said: "Councils already have a strong track record of working with a wide variety of groups to run events which enrich their local communities. We are fully in favour of making it easier for people to hold concerts, plays and public events and we support the aim of making the process as easy, transparent and free from red tape as possible.

When will the embarrassing Mr White finally resign to enable a person with some remaining credibility to replace him?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jan 12 - 08:09 PM

http://www.thisissomerset.co.uk/Drunken-youths-barred-Somerset-Zero-night/story-14333750-detail/story.html

John King comments.
How much money has been wasted on this idiocy? Alcohol-free music and dance events for 14-17 year-olds are suffocated by local government to such an extent that the number of "workers" from the police, youth service, community safety partnership & South Somerset Council OUTNUMBER the number of youths who attended. Their solution? NHS and youth workers to provide education in schools before any more events take place.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jan 12 - 07:57 PM

http://www.theregister.co.uk/2012/01/23/live_music_bill/

The bill repeals some of the worst red tape introduced in the 2003 Licensing Act, which empowered bureaucrats, curtain-twitchers and the police at the expense of music fans. Small venues with a capacity under 200 were particularly affected, as they were required to apply for licences. As a consequence, almost a third of such venues that used to promote music did not apply.

This typically meddling legislation also had the bizarre consequence of making the unlicensed use of musical instruments illegal in public, and in schools. Foreign visitors, many of whom are attracted to Britain by its global musical reputation, must have been perplexed by this. It's hard to imagine a more insulting, or less justified, piece of legislative meddling.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 24 Jan 12 - 07:50 PM

http://www.eveningnews24.co.uk/news/boost_to_norwich_pubs_and_live_music_1_1183885

Norwich publicans celebrate the Live Music Act.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jan 12 - 03:41 PM

http://pad.newham.gov.uk/AnitePublicDocs/18218928.pdf

John King comments: The London Olympic opening ceremony is on 27th July. No thanks to Newham Council's unhelpful licensing dept, the Olympic Stadium is NOT licensed for performances of plays (therefore criminalising poetry reading, mime, juggling and so on), nor is it licensed for "facilities for making music", which would make playing of national anthems through the stadium PA illegal.

The Live Music Act will remove the requirement to licence entertainment facilities at the stadium, but not if DCMS don't implement the Act by the time it opens.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jan 12 - 10:09 AM

http://epetitions.direct.gov.uk/petitions/2461

John King comments:A No10 petition supporting the LGA's opposition to licensing reform attracted 3 signatories.

What sort of gigs do these people attend - or do they not attend any?

Live music is linked to shootings, serious crime, binge drinking, and drug dealing. Live music events attract customers to public houses from outside the local area causing a serious threat to public safety.

It is really?

Does the fact that people who are involved in shootings, serious crime, binge-drinking and drug dealing may like music, justify making life as difficult as possible for musicians and other law-abiding people who may also like music?

Are we to take a similar approach to other perfectly acceptable activities simply because some criminals may also like them?

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jan 12 - 09:06 AM

The fact is that gatherings of people can cause problems - whatever the purpose for which they have gathered.

Even if no live music were adversly affected by the Licensing Act 2003, the MU should still support their members by openly opposing the Act's requirements for live music.

The MU, in refusing to publicly oppose the main issue for their members which is contained in Licensing Act 2003 - are supporting the 'spurious' basic premise on which the requirement for the Act's additional entertainment licensing permission is based.

This premise is that, in advance of a note of music being sounded, live music and musicians will automatically present concerns which existing planning, environmental, health, safety and other legislation is inadequate to deal with and which only additional entertainment licensing permission is adequate to deal with.

If the MU's high-ups do support this basic premise, perhaps they (the LGA and Govt) can inform us, what these concerns are and why these concerns only arise over live music and musicians?

even with the the Live Music Bill - all live music will require additional entertainment licensing to take place later than 11pm.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jan 12 - 08:21 AM

http://www.thestage.co.uk/news/newsstory.php/14184/mu-criticised-for-refusing-to-challenge

The Musicians' Union has been accused of failing to protect its own members after it turned down a motion, signed by more than 100 performers, calling on it to take a stand against the government's Licensing Act.

However, the MU's executive committee voted against the motion and assistant general secretary Horace Trubridge has written to signatories, informing them that the union cannot support such a policy because there is insufficient evidence to back up claims about the damage caused by the Act. Trubridge said there had in fact been a "widely-acknowledged boom in live music" in the UK.

Members say they are confused because the union carried out a survey earlier this year to discover how the Act had affected live music and concluded there had been "a marked drop in live music in smaller venues, especially the ones that previously benefitted from the 'two or fewer performers' exemption".

Now, the union says that when it contacted those surveyed, it found only one example given in London had actually been a direct result of the act. "We would need hundreds of examples to change the law," Trubridge said. "If we publicly announce that we oppose the Act we won't be able to influence how it is being employed at the moment, because civil servants and ministers won't talk to us."

I remember Mr Trubridge (with others) willingly signing up to the quite ludicrous LACORS 'guidance' on the Act's exemption for a performance of live music that was incidental. I suggest that if this is an example of what is referred to as being able to influence the Act, MU members may be better off if civil servants and ministers won't talk to the likes of Mr Trubridge. For it rather depends on what goes on in such talks.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 23 Jan 12 - 08:06 AM

http://www.musiciansunion.org.uk/news-events/2012/01/23/live-music-bill-passed-its-final-stages-in-the-commons-on-friday/

John King comments:
Musicians Union pays tribute to Hamish Birchall?

Not before hell freezes over.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Jan 12 - 02:19 PM

https://isa.chiltern.gov.uk/democracy/Published/C00000230/M00002106/AI00006556/Appx5DraftlicenceconditionsWinkers3.pdf

John King comments.The fight against loony licensing authorities is NOT over. More bad news for DJs and musicians who aren't "white" as Form 696 spreads to Buckinghamshire. In response to a premises licence review at Winkers Farm Nightclub, Adams Solicitors have volunteered a Form 696 licence condition.

The Live Music Act won't help non-"white" DJs at Winkers Night Club. The Act's suspension of licence conditions does NOT extend to recorded music events.

Subject: RE: Licensing consultation announced!
From: GUEST,The Shambles
Date: 22 Jan 12 - 07:03 AM

the last post was from me

https://isa.chiltern.gov.uk/democracy/Published/C00000230/M00002368/AI00006683/$PennFestivalPenn3112012.doc.pdf

John King comments.
Chiltern District Council meet on 31 Jan to decide the fate of the Penn Festival. The local (unelected) Safey Advisory Group is refusing to sanction the event. And no, the Live Music Act 2012 can't help them. It only applies to events for 200 or under.

The Campaign to reform the Live Music Act starts now!