This was quite apparent this week when I recently attended a hearing when the subject of live music came up and I had some sympathy with those in the room who had to listen to me explain the complexities of live music in a workplace.
Here are 10 of the most common examples we are asked about in terms of what entertainment can be provided without the need for it to be included on a premises licence:
1. Music type
Any live music that is unamplified, so for instance a choir where no singers or musicians are using any source of amplification is not a licensable activity when performed between 8am and 11pm no matter what the audience limit and so can be played without a premises licence.
2. Audience numbers
Any amplified live music played in a premises licensed for the sale of alcohol for consumption on the premises and the premises are being used for such consumption (so the bar is open and customers can buy an alcoholic drink) is not a licensable activity when played between 8am to 11pm to an audience of 500 or under and so can be played without a premises licence.
3. Recorded music
Any amplified recorded music played in premises licensed for the sale of alcohol for consumption on the premises and the premises are being used for such consumption (so the bar is open and customers can buy an alcoholic drink) is not a licensable activity when played between 0800 to 2300 to an audience of 500 or less and so can be played without a Premises Licence.
4. Workplace rules
Any amplified live music played in a workplace, which has a very wide definition and includes any premises (or part of a premises), which are not licensed under the Licensing Act 2003 already (apart from being licensed for hot food and drink after 2300) and are not domestic premises and, which are made available to a person as a place of work, including beer gardens or similar, is not a licensable activity when played between 8am to 11pm to an audience of 500 or less and so can be played without a premises licence.
That is the really complicated one!!
5. Background level
Any music played at a background level in a public house (whether recorded or live music) is not a licensable activity because it is “incidental” to the sale of alcohol and so can be played without a premises licence.
There is no legal definition of what constitutes “background” and when the music is played at such a level that it ceases to be background.
6. Dance performance
Any performance of dance no matter where it takes place is not a licensable activity under the Licensing Act 2003 where it takes place between 8am and 11pm in front of an audience of no more than 500 and so can be carried on without a premises licence.
7. Indoor sport
Any performance of indoor sport no matter where it takes place is not a licensable activity under the Licensing Act 2003 where it takes place between 8am and 11pm in front of an audience of no more than 1,000.
8. Plays and dramatic performances
Any performance of a play (a dramatic performance) no matter where it takes place is not a licensable activity under the Licensing Act 2003 where it takes place between 8am and 11pm in front of an audience of no more than 500.
9. Live TV
Any display of television shown live or as referred to in the Licensing Act 2003 as a “simultaneous transmission” is not a licensable activity under the Licensing Act 2003.
10. Audience entertainment
Any entertainment to be considered as “entertainment” under the Licensing Act 2003 must be performed in front of an audience for the purposes of entertaining that audience so a rehearsal, a karaoke night or friends simply playing darts against each other in a pub would not be considered as licensable activities under the Licensing Act 2003 requiring a premises licence.
- Jonathan Smith is a partner at Poppleston Allen
