Is live music off the hook?

When responsibility for alcohol licensing went back to the Home Office — inevitably, some might say — there was some comment that gambling had not followed in its wake, but little was made of the sudden separation between drink and entertainment in terms of departmental responsibilities.

Music licensing remains with the Department for Culture, Media & Sport.

A premises licence, you will be aware, covers three consumer activities — drinking alcohol, music and dancing, and eating food after 11pm at night (known as 'late-night refreshment', although in certain city centres it is known as something quite different).

Public entertainment licensing had been with local authorities since 1982, so music licensing prior to 2005 was a distinct and separate activity, with a licence containing distinct and separate conditions from the alcohol licence.

The marriage of the two, although seen as 'convenient', was like mixing oil and water and eventually it seems that fact has taken root.

The latest suggestion to come from the Government is that small-scale public entertainment should be 'de-licensed' entirely.

At this stage it is not entirely clear what the thinking is in this regard. Obviously, music campaigners will be overjoyed at the idea of a complete de-regulation. But local authorities and others will take a different view, feeling that musical activity in particular ought to be restricted or controlled from the outset.

On the one hand, there is an argument for saying that the 'public nuisance' arising from loud music can be controlled by means of existing environmental health legislation, notably abatement notices, about which I have written before, and public safety by fire regulations that may apply to buildings used for entertainment.

There is in fact no right for local authorities to place fire safety provisions on premises licences anymore, but the fire safety order will apply anyway, so this element is covered.

Step too far?​

But local people may feel it is strange that a pub is allowed to launch a series of live music evenings free from any licensing constraints on times or frequency.

These are elements that are discussed in advance when the operating schedule is presented, and many would see this as a safeguard against uncontrolled disturbances which can only be stopped by separate legal action.

We already know that the current Government is now minded to support Lord Clement-Jones' Live Music Bill, which has been welcomed by those involved in pub music.

This will provide an exemption for small-scale entertainment, but it is a far cry from the abolition of music licences entirely, except for large-scale events.

Given the cautionary words of Government minister Baroness Rawlings in the House of Lords last March about how careful they would have to be moving forward, it may be seen as a step too far to de-license the sector.

Serious consideration​

The indications are, though, that there is serious consideration being given to de-regulation for musical events that do not occur on commercial licensed premises.

So pubs with music would be able to look to the small-scale exemption but would not be entirely free from licensing controls.

However, classical concerts, school plays or recitals with an audience, and other musical events with less of an environmental impact, currently caught by the terms of the Licensing Act, would be de-regulated entirely.

This seems a sensible consideration, although live music in pubs needs to be encouraged as much as possible, rather than discouraged by red tape and additional costs.

There is no doubt that the licensing regime has done no favours to this sector, but this is nothing new — the requirements of the previous public entertainment licensing system had many people in despair.

Whether something can be done by this autumn is open to doubt, but things are definitely moving in the right direction.