Dis-chord

The new Licensing Act was supposed to make it easier for pubs to host live music. Three months into the legislation James Wilmore puts his ear to the ground.Before the new Licensing Act came into place, the government suggested it would encourage more pubs to host live music. Pubs, it was claimed, were part of a "flourishing music scene". A survey by the government's Live Music Forum in 2004 claimed that an estimated 1.7 millions gigs had been staged in UK bars, clubs, restaurants and other venues where their main business was not music that year. It was argued, however, this figure had been "beefed up", because it included venues such as hotels, churches and community halls.

Nevertheless, in theory, the new legislation would help the scene flourish further. Allowing pubs to include entertainment in their operating schedules meant they would avoid having to pay for an expensive entertainment licence.

And by getting rid of the antiquated two-in-a-bar rule - whereby any pub wanting to host more than two musicians had to apply for a public entertainment licence - licensees would be persuaded to give more opportunities to musicians.

But has this been the case? Though it is early days, Hamish Birchall, a musician and live music campaigner, claims both venues and performers have already lost out. He argues the scrapping of the two-in-a-bar-rule has discouraged many smaller pubs from putting on music. Though pubs can now apply to host live music as part of their normal licence instead of having to apply for a separate entertainment licence, there is a suggestion that they are still subject to a number of conditions. These include: installing CCTV, fitting more doors or fitting a noise limiter. "There are definitely some smaller gigs that have had to be cancelled or postponed because of the Licensing Act," says Hamish.

He claims there are a number of pubs that have a difficult relationship with their local authority and are reluctant to publicise the problems they are having. Another suggestion is that some pubs wrongly assumed that the two-in-a-bar rule would remain for them as part of their grandfather rights.

Hamish argues: "Some pubs were given the wrong advice from local authorities about whether they'd have to change their licence and this has definitely affected things."Incorrect advice

One London-based licensee, who wishes to remain anonymous, claims she was offered incorrect advice from her local authority over whether she would be allowed to host music once the new Act came in. She also claims she has not yet received a physical copy of her premises licence and, as such, is not able to apply for a variation to allow her to host live music.

However, a MORI poll, conducted for the Department for Culture Media and Sport (DCMS), prior to the Act, found a third of those who already stage live music felt it would have a positive impact.

And it appears for some this has been the case. At the Bull's Head in Barnes, South-West London, licensee Dan Fleming has noticed the benefits. "We host a lot of live music and it makes it easier if things runs over. It also gives our customers the chance to have a drink and a chat with the musicians afterwards."

Despite this, Dan does not feel that some smaller venues are being treated fairly. "I think it's unfair that places that have one music night a month should be subject to the same conditions as somewhere like those of us who have regular music."

But Keith Ames, a spokesman for the Musicians Union, believes it is still too early to tell the effect the Act has had on live music in pubs. "It's a bit premature," he says. "I think a more realistic picture will emerge in a year's time."

He suggests that the scrapping of the two-in-a-bar rule has made some pubs reassess their provision of live music. "I don't think there's any doubt that some have benefited and some have got rid of their live offering," he explains.

A spokeswoman for the DCMS, which is currently carrying out a survey on this issue through the Live Music Forum, says: "The work so far has shown there's no grounds for concern and it should be positive news for audiences and performers."

So it would seem the jury is still out on how the new Act is affecting the live music scene. As with many aspects of the new legislation there still seems to be some confusion among licensees and local authorities as to precisely how it should be used.

• How has your music offering been affected by the new Licensing Act? Are you a small venue that has stopped hosting live music, or have you been encouraged to stage more performances? Email: wnzrfj@gurchoyvpna.pbz​ with details or call 020 7955 3713.

Feargal reports no ill effects Feargal Sharkey, chairman of the Live Music Forum, is currently collating data to see exactly how music venues are adapting to the new Act and the state of the music scene in the UK.

He told The Publican: "We have been talking directly with licensees and local authorities on a daily basis and have no evidence there have been widespread cutbacks on live music. Having looked at around 7,000 applications we can find no examples where conditions have been imposed by local authorities.

"In fact, there appears to be an indication that more pubs are applying for live music.

"We have been trying to find the problems that have been talked about, but so far haven't found them."