Legal advice: The Licensing Act and live pub music

Licensees are confused over changes regarding live music in pubs being introduced in the Licensing Act.

By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

You will have read elsewhere on this site about the positive gloss placed by the government on research into the state of the live music scene in England and Wales. Based on interviews with licensees at around 1,600 small venues, the findings publicised by the Department for Culture, Media & Sport (DCMS) were as follows:

• Almost half of pubs, clubs, student unions and restaurants have put on live acts at least once in the past year
• A fifth stage live music regularly - at least twice a month
• More than half which put on music do so because customers demand it
• Many potential venues "have not thought about putting on live music despite changes in the new licensing laws".

Dig a little deeper into the findings and the following facts emerge:

• More licensees say that once the Licensing Act 2003 is in full force they will provide fewer live music events or that they will stop altogether than those who say they will provide more events
• Three-quarters of licensees who stage live music believe they have not been told enough about the possible impacts of the new Licensing Act
• Of those who have provided live music in the last 12 months, 43 per cent know nothing at all about the new Act
• Less than half of those claiming to have some knowledge were able to highlight any of its key elements in relation to live music.

Aspects of the new Act which licensees were unaware of include:

• The requirement to "opt in" if you want to stage live music during the transitional process
• The abolition of the "two in a bar" rule

Another of the lesser known aspects of the Act is that "the licence will cost the same regardless of whether or not live music is put on".

The fact that the same licensing fee will be payable for all premises licences will fade into insignificance against a bill of several thousand pounds to carry out any works an authority deems necessary before permitting live music.

It must surely be worrying for the government that so many licensees know so little about the changes relating to live music.

It is apparent that from the comments on thepublican.com readers are hugely confused by the provisions in the Act that will govern dancing and live music in small premises.

My current understanding of the position is that in order to take advantage of this relaxation of the law:

• A pub must have a premises licence that authorises both the supply of alcohol and provision of live music as licensable activities
• The pub must have a capacity of not more than 200 (which includes customers and those working, living or performing)
• The pub's premises licence must not be subject to conditions altered or added following a review of the premises licence.

The pub will be able to provide unamplified live music between 8pm and midnight on the basis that conditions relating to musical entertainment imposed by the licensing authority will be suspended.

Otherwise, in relation to both amplified and unamplified music provided during hours authorised by the premises licence, any such conditions will similarly be suspended, except where they have been imposed as being necessary for public safety and/or the prevention of crime and disorder.

There you are - as clear as mud!

On the subject of confusion, it seems to me the following provisions applicable during the transitional period just do not add up.

An application for conversion of an existing licence is deemed to be granted if not determined within two months of receipt of the application by the licensing authority. If the sale of alcohol is involved, the application must specify the proposed designated premises supervisor (DPS), who must hold a premises licence.

An application for a personal licence is deemed to be granted if not determined within three months of receipt of the application by the licensing authority.

Does this not mean that in those cases where licensing authorities are too overwhelmed to determine all applications within these time periods, we will be seeing premises licenses granted, even though the DPS does not yet hold a personal licence?