Red Stripe Guide to Live Music (Part 3): In tune with the regulations

You've decided that you want to feature live music in your pub. You've sussed out that the size of your customer area can handle both musicians and an audience - hopefully a decent-sized one for every performance! You've talked to the neighbours and given them assurances that bands won't be playing until the small hours and keeping them awake.

Next on the checklist of things to put in place might be a bit dull but it's still a vital part of the process. Along with all the other things you've got to think about when running your pub you've got to be licensed to be able to allow live music performances to take place.

Yes, it sounds like a load of old red tape and, to be honest, in a way it is. But it is also a legal requirement that you are permitted to put on live music events.

Local Authority

However, there could be good news from the start. If you have taken over a pub there is a chance the premises licence is already set up to allow you to showcase live music.

It is worth checking the paperwork to ensure that you are able to do this; failure to have the proper permissions could land you in trouble with your local licensing authority.

If, having checked your premises licence, you find that it doesn't mention live music anywhere you need to apply for a variation.

But don't fret; according to Martin Rawlings, director of pub and leisure at the British Beer & Pub Association, getting the relevant box ticked will not take a Herculean effort.

"There is a process to go through as there would be for any changes to the terms of your licence," says Martin. "The fee is based on the rateable value of your pub. You then have to place an advertisement in your local newspaper letting the community know you are applying to play live music and an A4-sized blue notice in the window of your pub.

"You also have to notify the Big Eight - the police; the fire brigade; trading standards; your local council's planning office, environmental health and health and safety departments, the Child Protection Agency and, of course, your local council's licensing authority.

"If no-one objects within 28 days from the time you post the variations you can go ahead!"

Noise is obviously an issue for your neighbours but this potentially thorny problem can be nipped in the bud with through good communications and a friendly chat. Maybe even invite people who live near your pub in for a drink to reassure them that the place won't become a rock 'n' roll den of iniquity!

PRS

Then with your local licensing authority on board you need another piece of paperwork; namely a PRS licence. PRS - which stands for Performing Right Society - licenses businesses including pubs which want to showcase live music. Money from fees is divided between the organisation's musician members.

Debbie Malloy is PRS' commercial licensing director and says that by paying for a licence pubs are supporting the live music industry. "We know people don't like paying for licences but we want to show that we support their business and try to show them what they can get out of putting live music on in their pubs," she says.

Fees vary according to the size of a premises and the number of performances you put on in your pub.

Debbie says that by calling PRS before you start putting on live bands you can effectively get your licence over the telephone.

PRS will ask you to estimate the number of events you plan for the coming year and charge you a fixed rate on account. Where no admission is to be charged the fee is based on around £8 per 100 people who attend. When door money is taken it equates to three per cent of the gross receipts.

Then at the end of the following 12-month period a PRS representative will conduct a review to assess how many live events you have put on and either credit your account or ask for the deficit to be made up. A bit like an estimated electricity meter reading, in other words.

Debbie acknowledges the system is a bit complicated - as anyone who has ever tried to fathom out the tariff for fees on the PRS will have discovered. "But we're working towards simplifying things. And we understand that with pubs having to pay out for a number of things it is seen another burden. But it's a relative small cost to allow you to have live music in your pub," she says.

There is no fine levied if you decide to avoid getting a licence, but you could end up in court to pay for licensing costs. So it is worth doing!

Know your rep

Getting to know your rep from PRS doesn't do any harm, says Paul Fox, who runs the Attic, a highly successful music-led bar in Accrington, Lancashire, which recently hosted one of the dates of the Red Stripe Music Award tour.

"And get your paperwork sorted out first," he advises. "It can be a bit of a nightmare sometimes - but it works out eventually!"

Indeed it does. And it's well worth it too. Not only are you fulfilling a legal obligation, but you're helping support thousands of musicians up and down the country pursue their own dreams.

 And so, armed with all the licensing paraphernalia all you have got to decide now is what kind of music you want to put on, and where to find the bands that will put you - and them - on the map.

Look out for next month's feature on sourcing acts and promoting gigs in your pub.