'Licensing Act hasn't killed off live music'

A Government spokesman has expressed "serious reservations" about a proposal from a Liberal Democrat peer for a radical overhaul of live music licensing.

Lord Faulkner said the Government's own plan to exempt pubs with a capacity under 100 from needing a live music provision in their licence is preferable to the Live Music Bill from Lord Clement-Jones.

And he defended the Government's record, saying, "it's not the case that the [Licensing] Act has killed off live music".

Clement-Jones' Bill calls for venues with a capacity under 200 to be exempt from needing a licence for live music performance. It also wants the "two-in-a-bar" exemption to be reintroduced.

Faulkner was speaking on behalf of the Department for Culture, Media & Sport during the Second Reading of the Bill in the Lords.

He argued that unlike the new Bill, the Government's plan — which would involve changing the Licensing Act via a legislative reform order (LRO) — would go out for "essential" public consultation.

"Surely local government representatives should be involved to give their views," Faulkner said.

The Bill would apply to events staged up until midnight, whereas the LRO sets a limit of 11pm. "Midnight is too late for blanket exemptions, particularly in week days," said Faulkner.

Unlike the Bill, the LRO specifies that events must take place indoors and Faulkner said: "We take the view that events held out doors are more likely to cause noise."

He said the two-in-a-bar rule was "not universally popular with musicians and not widely used", and it "discriminates" against larger groups of performers. Many small gigs would be exempt anyway if they were classed as incidental.

Faulkner said the LRO, unlike the Bill, could be carried over to a new Parliament after a general election.

He also knew a "number of cases" where the new simplified process for granting minor licence variations has "extended authorisation for live music".

"The LRO does more for live music and takes into account far more the live music sector and the residents than the Bill we are considering."

Not declined​

Faulkner listed statistics to show live music has not declined after the Licensing Act came into force in 2005.

For example, there's been an 11% rise in premises licences with live music provision between 2007 and 2009. A DCMS survey showed a 3.1% rise in the percentage of adults who attend most gigs between 2006 and 2009, Faulkner added.

In reply, Clement-Jones said his Bill does not intend to "steamroll" residents' right to complain and stated that residents would still have this right under his proposal. He also said a 200 capacity is "proportionate".

Pointing to the amount of support his plans have received, Clement-Jones said it's an "election issue" and its progress is "irresistible".

Earlier, the Lib Dem peer slated the "bureaucratic mind-field" involved in staging music at present and said minor variations are "no substitute for new small venues exemption under the Act".

He added: "I'm very happy to make another Second Reading speech after the next general election."

His Bill did receive backing from Tory front bench peer Lord Colwyn, who said: "We believe that these exemptions will...simplify the licensing process and offer valuable concessions to pubs."

A third reading of the Bill will now be scheduled.