Licence for a guitarist?

QWe are thinking of hiring a guitarist to play at the pub. He plays acoustic guitar but has a small amplifier. As this is live music, would we need any licence to do this? A The only licence that you would appear to need in such circumstances would be one from the Performing Right Society, a form of which you may already hold in respect of other types of music played on your premises. If you currently have no live or recorded music, then it may be that a PRS licence is not in force. If this performer is to be a regular feature of your pub entertainment, then it would be appropriate to contact the PRS before it contacts you (which they inevitably will do in due course). The PRS is well known for pursuing even the smallest claim against licensees and other traders, sometimes to the ultimate sanction of a court appearance and an injunction. Once the demand for a licence fee has been issued, the only negotiation might be over the level of fees to be charged. Under the terms of the Licensing Act 1964, you will not require a public entertainment licence from the local authority for this performer. This is because the entertainment is music and singing only, and is provided by not more than two performers, so you have an exemption. If there is provision for persons to dance, or other forms of entertainment are provided, then an entertainment licence will be required and the local authority may impose certain other conditions on the conduct of the premises and the safety precautions to be maintained for the audience. Off-sales at restaurants Q You recently wrote about hotels doing take-away sales for holiday-makers. My question is similar: can a restaurant make off-sales of its own house wine? A A restaurant holding a licence under Part IV of the Licensing Act 1984 is not authorised to make off-sales of any kind, according to the Act. The only purpose for which a Part IV licence is granted is for the sale or supply of intoxicating liquor to persons for consumption as an ancillary to their meals. Liquor which is taken away from the premises is not "ancillary" to a meal taken on the premises, and in my view never can be. Premises holding a residential licence, which means certain hotels and boarding houses, are entitled to supply drinks to accompany a meal which is to be taken from the premises by a resident (for example, a "packed lunch"). But this provision in no way applies to a normal restaurant, and in any case will only cover persons resident on the premises. Premises holding an off-licence are entitled to supply draught beer for consumption off the premises, as long as the liquid is properly measured at the time of sale, or is dispensed in a Government stamped container of the quantity in question. The restaurant would, therefore, need a full justices' on-licence in order to make sales of this kind. Soft drinks at closing time Q Is it true that if customers are consuming soft drinks they are not bound by drinking up time? A Technically, as they are not involved in the purchase and consumption of "intoxicating liquor", the provisions with regard to drinking up time are not relevant. However, there are two considerations here. The first is that if a licensee is trying to clear his premises so as not to fall foul of the law, he is perfectly within his rights to ask all customers to leave, whatever they are drinking. They cannot insist on staying. Secondly, allowing customers to remain on the premises, even with soft drinks, could attract the attention of the police and while no illegality would be taking place, it could be open to misinterpretation.