Licensing - The elephant in the room.
Roger Gall
Announcing the new incidental music guidance for local authorities on 23rd
November, Chris White, chair of the LGA Culture Committee, spoke warmly of
pianists in bars:
'Councils are keen to support their local businesses and venues,
particularly during the recession. Introducing background music to a
restaurant or allowing a pianist to perform in a bar adds to the atmosphere
of a place, and often doesn't require a licence. Making sure everyone knows
about this common sense approach should make the process easier for
everyone.'
http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=22768
Chris White is of course also a St Albans councillor, and St Albans is now
well known for its long list of licence restrictions on live music in local
bars and restaurants:
http://www.musictank.co.uk/reports/licensing-act-2003-case-study-st-albans-district-council
But while announcing the LGA's new piano friendly policy, councillor White
may not have realised that his own council takes a rather different view:
'If facilities for entertainment are provided a licence is required.
Facilities for entertainment include dance floor, pub piano, karaoke machine
and other musical instrument.'
[St Albans Statement of Licensing Policy, revised 7th January 2008, p6, para
2.2.1]
http://www.stalbans.gov.uk/Images/Statement%20of%20licensing%20policy%20130809_tcm15-10228.pdf
So, in St Albans it remains a potential criminal offence to provide a pub
piano, or indeed a piano for a school concert open to the public, unless
first licensed.
Councils must review their licensing guidance every three years, which
suggests that St Albans can continue with this policy until 6th January
2011.
By contrast, some other local authorities allow pianos under the incidental
music exemption, as this council definition of 'regulated entertainment'
shows:
'... A performance of live music (not incidental music, i.e. a piano in a
restaurant).'
[Statement of Licensing Policy, Dartford Borough Council, 7 January 2008 - 6
January 2011, p14]
http://www.dartford.gov.uk/business/licensingpolicy.pdf
In fairness, this is a confused area of the legislation and one that the
government recently promised to amend. Speaking in the Westminster Hall
licensing debate on 22nd October, licensing minister Gerry Sutcliffe said:
'As part of the [entertainment facilities] clarification, the consultation
will propose a change to the definition of "entertainment facilities" so
that the mere provision of musical instruments, such as a pub piano, is not
licensable.'
http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm091022/halltext/91022h0005.htm
But until the Licensing Act is amended, which is unlikely to be before the
general election, St Albans can continue with its licensable piano policy -
whatever councillor White says.
ENDS