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No-one is a fan of red tape and regulation –
now the Live Music Act offers Licenced premises a rare chance to
expand their business
In October a welcome piece of
government de-regulation will come into force, namely the Live
Music Act 2012. Its provisions are complex but the effect is
relatively simple: live music is no longer a licensable activity,
as are facilities for making music and dancing, and licencing
conditions relating to live music no longer apply.
Obviously there are certain criteria to
be satisfied for the Act to apply:
The premises must be open for the sale of alcohol
for consumption on the premises while the live music is being
performed. If the music is amplified, the audience
must be fewer than 200 (not including staff and performers) and the
music cannot extend outside the hours of 8am to 11pm Monday to
Sunday.
If the music is unamplified, whether or
not it is performed on licenced premises, then there is no limit to
the audience numbers, and it no longer requires any sort of
licencing permission, provided the music finishes at 11pm.
The Act only applies to live music – so
DJs and any other type of recorded music or regulated entertainment
do not come under the Act.
Licencing conditions relating to live
music will therefore be dis-applied up to 11pm, so that where live
music is performed on licenced 'on' premises then any
condition on the licence which "relates to live music"
has no effect provided that the above criteria apply (and in the
case of many venues they will). For example, a condition
stating "doors and windows to be closed during regulated
entertainment" or "noise limiters will be used during
live music" won't be enforceable – but it is
wise to check with your local licencing authority first. Operators
could if they wished, open doors and windows and switch off
noise-limiters, but at the stroke of 11pm and if the audience grows
to 201 or if there are other forms of entertainment being performed
with the live music, the conditions will bite and they will be
strictly applied.
So why so lenient? The main reason the
Act was passed was because there are already ample measures in
place for noise pollution officers to deal with noise nuisance and
should there be complaints by neighbours and a premises licence
review instigated the exemption can be removed. If you have
sensible noise conditions, you might want to stick with them as a
best-practice guide. Check your planning consents too as well
as any other non-music licencing conditions. In reality,
there is only one chance to benefit from the exemption, but if you
want to make the most of the new legislation, book some bands for
October and look forward to your customers enjoying great live
music without worrying about noise conditions. Just
don't forget the neighbours!
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