The government line on live music licensing laws - Q&A with a DCMS spokesman

Why has the government ignored the recommendation for the two-in-a-bar rule to be reinstated?

We considered the recommendations of the Culture, Media and Sport select committee carefully, but a blanket exemption for two musicians playing non-amplified music is very arbitrary. If you live close to a venue, a drum kit might disturb you, even if it isn't amplified. On the other hand, a barbershop quartet would not benefit from the exemption. A provision of this kind would discriminate against musicians who perform in larger groups and, if venues decided to rely on it, the effect could become significant in the long term.

The response to the committee recommendations suggests the DCMS believes one man playing an acoustic guitar in a pub has the same potential for causing noise and disorder as a 10-strong group of heavy metal devil worshippers. Is that so?​

Obviously, we do not think that all events present the same risks to the licensing objectives. It is possible to come up with examples of musical events that present little risk to the licensing objectives, whether they include one musician or 10, but this is not the same as defining a workable, legal exemption that retains necessary public protections.

At the same time, why can there not be an exemption for venues with a capacity of less than 200? ​

We did consider such an exemption last year, and discussed it with local government representatives, musicians' organisations and the licensed trade. But we couldn't get agreement on an exemption that would benefit live music, but still protect the public. There was a strong view that there is no necessary link between the maximum audience size at a venue and the potential for noise nuisance or disorder. The individual circumstances of each venue are different, and sometimes it can be the smaller ones that create problems.

Are you happy that the Metropolitan Police continues to use its Form 696 - which requires pubs to provide details of every music event staged - and do you feel is it justified? ​

We shared many of the concerns that live music campaigners had about the original version of Form 696. There was a lack of clarity about when it was to be used and whether it was mandatory.

The Metropolitan Police Service (MPS) is currently reviewing the form and we understand this is likely to result in substantial changes to its policy on Form 696. We are hopeful these changes will result in a risk assessment process that will not place undue burdens on performers, is of value to the venue managers that use it, and is voluntary in all but the most exceptional circumstances.

How will the new minor variations process help pubs wanting to stage live music? ​

The new minor variations process allows licensees to make low-impact changes to premises licences more quickly and cheaply, with no need to advertise in newspapers. This can include the addition of authorisation for regulated entertainment, including live music. In all cases, the test is whether the change can have a negative impact on the licensing objectives.

Can you explain how the incidental music exemption works for pubs? ​

This is a good point, because we feel that the current exemption for incidental music might not be used as widely as it could be. Essentially, live music and recorded music is not licensable if it is incidental to other activities that are not 'regulated entertainment'. For example, a pianist playing background music to diners, or customers having a go on a pub piano are likely to be incidental music. We are working with local government and the Musicians' Union to produce a leaflet explaining the exemption and giving examples of when it might be used.

What effect has the Licensing Act had on live music in pubs?​

The Live Music survey which we commissioned from research firm BRMB in 2007 found that the number of live music events in pubs had stayed at the same level as 2004, before the Licensing Act came in. Since then, the number of premises licensed to put on live music has increased by seven per cent.