Entertainment deregulation: the year ahead

05-Feb-2013 - Last updated on 11-Mar-2017 at 23:37 GMT

Of all the legal predictions we’ve made I didn’t expect one of them to be that regulated entertainment was going to become both easier and more difficult by the end of 2013.

But, with the Government’s response to its consultation on entertainment deregulation published in January, that is exactly what seems to be the case.

You will recall that — generally speaking — regulated entertainment for the public, or in private but with a view to profit, and which is intended to entertain others, is licensable under the Licensing Act. There are various exemptions and exclusions for such myriad activities as garden fêtes, incidental music, religious services and live broadcast TV (and much more), but for the typical pub licensee a disco, darts league or even showing pre-recorded music videos are all licensable (together with a host of other activities).

This recent trend of making things both easier and more complex at the same time probably started with the Live Music Act which, while thoroughly welcome, does take a little getting your head round before realising that you can have a live band until 11pm for no more than 200 people without having live music authorised on your licence.

The Department for Culture, Media & Sport (DCMS) was thoroughly supportive of Lord Clement-Jones’s Private Members’ Bill, but some of the limitations and caveats of the Live Music Act show how difficult it is for even a Government department to pass deregulatory legislation in the sphere of licensing.

It is once again those red-tape renegades at DCMS who now propose further widespread deregulation of regulated entertainment. If you recall, the original proposal was to de-license live and recorded music, theatre, dance, indoor sport and the exhibition of film for audiences of fewer than 5,000 people, leaving only boxing/wrestling and lap dancing needing authorisation.

That was quite an ‘ask’ — the consultation received more than 1,300 responses, which is hardly surprising. The somewhat watered-down result is the following:

■ Performance of dance will be de-regulated for audiences of up to 500 between 8am and 11pm.
■ Indoor sports (darts leagues, pool championships etc) will be de-regulated for audiences of up to 1,000 between 8am and 11pm.
■ Recorded music will have the same exemptions as provided for amplified live music under the Live Music Act (i.e. it isn’t licensable until 11pm for on-licensed premises or workplaces) and both live and recorded music will have the audience limit increased from 200 to 500.
■ Films will remain regulated, but the Government will consult this year on proposals to examine the possibility of safe community-focused screenings that maintain child protections.
■ Plays, films, indoor sporting events, live and recorded music and performances of dance, held on their own premises by local authorities, hospitals, nurseries and schools (except higher education) will be exempt between 8am and 11pm, with no audience limit.
■ Live and recorded music held on premises owned by the above organisations will be exempt from licensing requirements for audiences of up to 500 people until 11pm (in other words, external organisations can have such events on local authority, hospital or school grounds).
■ Community premises such as church and village halls and community centres will be exempt from licensing live and recorded music for audiences of up to 500 people, again until 11pm.
■ Circuses will be exempt for live and recorded music, plays, dance and indoor sport between 8am and 11pm, with no audience restrictions.
■ Boxing and wrestling will remain regulated with the exception of Greco-Roman and freestyle wrestling. Cage fighting/mixed martial arts will become regulated activities.

As to the status of licence conditions for these soon-to-be de-regulated activities, the consultation response is silent.

I would hope that either through legislation or statutory guidance the Government will allow such conditions to fall away — there is little point in not needing permission for an activity when there are a host of conditions already on your licence restricting or limiting it. The Live Music Act contained provisions suspending such conditions and it would be nice to see the same apply to other forms of regulated entertainment.

So, there you have it — regulated entertainment becoming easier and more difficult at the same time.

The Government plans to start introducing some of these proposals from April. If, in the midst of trying to run a business you forget the detail (if and when the proposals come into force) just try and remember two things — 11pm seems to hold an almost divine significance for the Government, as does a limit of 500 people.

And your Greco-Roman regulars can start wrestling again.