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New licensing rules


revbobuk

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Seems great to me - one fewer licence for events in my building - but are there any downsides?

But you only needed one licence under the old system. And you still need a premises licence if you sell alcohol.

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Seems great to me - one fewer licence for events in my building - but are there any downsides?

But you only needed one licence under the old system. And you still need a premises licence if you sell alcohol.

 

I am a bit confused, I looked at the government website but I didn't understand the legal jargon. We have a small theatre (Seating for about 100) and we perform musical theatre to backing tracks and the venue is also used by a youth theatre company that perform dance and sing to prerecorded backing tracks. Do we now not need a performing licence?

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Do we now not need a performing licence?

What they are changing are the rules on Premises Licences. This is the licence that all venues needed to allow them to put on regulated entertainment and/or sell alcohol.

 

You will still need one or more of the following...

 

Performing Rights Society (PRS)

Phonographic Performances Limited (PPL)

Mechanical Copyright Protection Society (MCPS)

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I am a bit confused, I looked at the government website but I didn't understand the legal jargon. We have a small theatre (Seating for about 100) and we perform musical theatre to backing tracks and the venue is also used by a youth theatre company that perform dance and sing to prerecorded backing tracks. Do we now not need a performing licence?

 

From what I've been led to believe you probably still do. The act has the effect of amending Para 2 of Schedule 1 to the 2003 Act as far as certain entertainment facilities are concerned for live music exempting that from being treated as Regulated Entertainment. This applies only to 2 1(e) of Schedule I Part 1 'a performance of live music' and not to the other items of regulated entertainment listed there. It certainly does not apply to recorded music. In the case of amplified live music the exemption only applies to places with a premises licence for alcohol sales if the capacity is less than 200.

 

There is a consultation on other deregulation of Schedule 1 but it is ongoing.

 

If I am wrong someone will correct me I am sure.

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we're kind of back to where we were. What upset so many people with the changes to the old system was that a small music night in the local pub suddenly needed a specific license, which often meant some essential facilities being required that the landlord couldn't really justify, just to have a band every second Friday, or maybe even stopped the local organ club from having a couple of organs on site. The change means the musicians can play again without the ban imposed effectively in 2003.
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...a small music night in the local pub suddenly needed a specific license...

Not true.

 

It simply needed the Landlord to tick a box on the same form as his application to sell alcohol and to maybe write a single side of A4.

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Nearly but not quite, Paul.

 

This change to the Act is aimed at venues which do not already have to go through the full licence application process, if they already hold a premises licence with regulated entertainment it should make absolutely no difference at all. The Music UK letter to the consultation states;

For venues that do not wish to have and do not want to sell alcohol, the Licensing Act demands that we obtain an entertainment licence to provide music..... a licence will still be required for events at which alcohol is sold, where the risks to the public are higher, ensuring that controls still remain.

 

The problem came about because the Daily Fail and Daily Sexpress stirred up a furore with "24 hour bingeing" and councils really hadn't got a clue. Many councils still do not understand that there is no such thing as a "music licence" and the police aren't a lot more enlightened. Putting "Live Music" on a premises application is like a red rag to a bull and off they go spouting gibberish and putting stringent restrictions in place which they cannot do with this amendment, that is all.

 

Beaten to it by Brian.

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I take a certain amount of pleasure that the application I wrote for my local community venue got passed without question. The venue is now licensed for absolutely every form of 'Regulated Entertainment' and has longer alcohol licensing hours than any pub in the area!
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The problem came about because the Daily Fail and Daily Sexpress stirred up a furore with "24 hour bingeing" and councils really hadn't got a clue.

 

To an extent Kerry but when you had licensing officers trying to maintain that walking figures in a carnival were regulated entertainment it was clear that there were real flaws in the legislation. My view then, which I have not changed, is that lumping together drink and entertainment licensing was a gross mistake.

 

All this change does is to de-criminalize the spontaneous pub gig. We shall have to wait and see whether greater sanity results from the Schedule 1 consultation.

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