IMPACT OF THE LICENSING ACT 2003 John F. Smith General Secretary, Musicians Union

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IMPACT OF THE LICENSING ACT 2003John F.
SmithGeneral Secretary, Musicians Union

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Licensing Act 2003

• Abolished PELs
• Abolished 2-in-a-bar rule
• Repealed the need for renewal
• Centralised fee structure
• Meant that all regulated entertainment is now
  licensable

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Licensing Act 2003 - Guidance issued under S.182
of the Act

• 5.18 Incidental Music The incidental performance
  of live music..may not be regarded as the
  provision of regulated entertainment.in certain
  circumstances. This is where (they) are
  incidental to another activity which is not in
  itself entertainment.Whether or not music of
  this kind is incidental to other activities is
  expected to judged on a case by case basis and
  there in no definition in the 2003 Act it will
  ultimately be for the courts to decide

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Licensing Act 2003 - Guidance issued under S.182
of the Act

• Makes clear that licences apply to events
  that are intended to make a profit i.e. a
  Wedding is not a licensable activity, unless the
  guests have to buy their own drinks, then it
  becomes licensable.
• School concerts are not licensable unless they
  are intended to be profit making.

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Passage of the Bill

• Musicians Union involved in ten amendments
• Small venue (capacity of 200 or less) exemption
  failed in favour of an exemption for Morris
  Dancing

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Fears

• Complex application process would put potential
  licensees off
• Small venues may opt for recorded music or big
  screen sport (not regulated entertainment)
• New Licensing Authorities would impose punitive
  conditions

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Fears

• Singing Happy Birthday or Christmas Carols in
  public would be a licensable activity
• Number of premises licensed for the provision of
  live music could half

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Strengths of the Act

• One-off application process for a single licence
• Fee set centrally and at a lower level
• No need for renewal of licence
• Better system for majority of larger music venues

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Impact of the Act

• Not yet fully clear
• Suspicion that there are fewer small (micro)
  venues licensed for entertainment
• Live Music Forum MORI research
• MU State of the Nation survey
• Anecdotal evidence indicates that the effect has
  been broadly neutral

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Next Steps

• Deal with the negative perceptions of the Act
• Better and clearer definition of Incidental
• Fast tack, simplified variation of licence system
• Incentives to promote live music
• Micro venue (capacity of 101 or less) exemption