LIVE MUSIC ACT (2012) David Lucas © Fraser Brown 2012

Live Music Act (2012) Partial deregulation of performance of live music Removal of regulation about the provision of entertainment facilities Amendment of exemption for entertainment in small premises Commencement date – 1 st October 2012 Statutory Guidance amended 31 st October 2012

Live Music Act (2012) “Music” includes vocal or instrumental music or any combination of the two. “Live music” is a performance of live music in the presence of an audience which is intended to entertain. A performance of live music may include some recorded music.

Live Music Act (2012) Must not consist of recorded music only without an additional (substantial and continual) creative contribution. Whether a performance is live music involves a degree of judgement. Matter for the Court to decide in the event of a dispute.

Live Music Act (2012) Live music in alcohol premises:- Premises Licence or Club Premises Certificate authorises supply of alcohol for consumption on the premises Premises are open for the supply of alcohol Amplified or unamplified live music may be provided between 8.00am and 11.00pm Audience no more than 200 persons for amplified live music Any existing conditions relating to live music are suspended

Live Music Act (2012) Live music conditions imposed on new Premises Licences or Club Premises Certificates also suspended. On review an existing live music condition can be made effective subject to a statement that Section 177A does not apply to it. On review a new live music condition may be added which will be effective – statement?

Live Music Act (2012) Live music remains licensable between 11pm and 8.00am Conditions are only suspended between 8.00am and 11.00pm. Must comply with duties imposed by other legislation. Other measures available to deal with noise issues and complaints.

Live Music Act (2012) Live music in venues which are not licensed (or licensed only for late night refreshment):- Applies to workplaces as defined in Workplace (Health, Safety and Welfare) Regulations 1992 May provide amplified live music between 8.00am and 11.00pm Provided audience no more than 200 persons

Live Music Act (2012) Workplace means any premises (or part) not domestic premises and made available to any person as a place or work including:- Any place within the premises to which persons have access while at work, and Any room, lobby, corridor, staircase, road or other place used as access to or egress from a place of work or where facilities are provided in connection with a place of work except a public road

Live Music Act (2012) Live unamplified music:- Applies to any premises (whether or not licensed) May provide unamplified live music between 8.00am and 11.00pm No restriction on the size of audience

Live Music Act (2012) Live or recorded music allowed for morris dancing or dancing of a similar type Allows concurrent performances of live music Live performers with recorded music are included in exemption - karaoke also included? Application to beer gardens

Live Music Act (2012) The provision of entertainment facilities:- Facilities for making music and dancing no longer regulated entertainment Dance floors and pianos may be provided without an authorisation Existing Section 177 exemption will only apply to performances of dance

Live Music Act (2012) Section 177 – Dancing In Small Premises:- Premises Licence authorises supply of alcohol for consumption on premises and dancing. Premises primarily used for supply of alcohol for consumption on the premises. Premises have maximum capacity of 200 persons. Premises open for supply of alcohol for consumption on the premises. Premises being used for dancing.

Live Music Act (2012) Section 177 – Dancing In Small Premises:- Any licensing authority imposed condition relating to dancing is suspended. Condition not suspended if imposed on crime and disorder or public safety grounds. Existing condition becomes effective on review if statement made that Section 177 does not apply to it. New condition may be added on review provided similar statement made.

Live Music Act (2012) Conditions relating to non-licensable activities Live music in premises licensed for other entertainment only Limiting alcohol hours to avoid exemption

CONSULTATION REGULATED ENTERTAINMENT

Consultation Proposal to remove licensing requirements for most activities defined as regulated entertainment Considered each of the entertainment activities regulated by the Act Key question – what would happen if this activity were no longer licensable? No change if genuine need to licence a type of entertainment No proposal for 11pm cut off for deregulation

Consultation Proposals will not apply to:- Any performance of live music, theatre, dance, recorded music, indoor sport or exhibition of film where the audience is 5,000 people or more Boxing and wrestling Any performance of dance classed as sexual entertainment but is exempt from separate sexual entertainment venue regulations Age classification safeguards for films

Consultation Consultation period from 10 th September to 3 rd December Response to consultation yet to be published. Consultation responses being considered. Announcement to be made “soon”.

David Lucas Fraser Brown 84 Friar Lane Nottingham NG1 6ED Tel: Mobile: