The following press release was issued by the Liberal Democrats yesterday,
Tuesday 12 June 2007:
OVER 79,000 PEOPLE SAY GOVERNMENT MUST LOOK AGAIN AT LIVE MUSIC - FOSTER
The Government must re-examine licensing regulations in the light of public
concern over the damage current laws are having on live music.
Commenting after an e-petition on the Downing Street website on the impact
of the 2003 Licensing Act closed with over 79,000 signatures, Liberal
Democrat Shadow Culture, Media and Sport Secretary, Don Foster MP said:
'The sheer scale of this petition shows the depth of public concern on the
impact that these regulations are having on live music.
'Live music in a pub is an essential part of Britain's musical heritage so
why something as innocuous as providing a piano in a bar should be deemed an
offence is beyond me.
'The Government claims that there has been no effect on the industry but
their own research shows that 40% of smaller venues have lost any automatic
entitlement to provide live music.
'The Government must take note of people's concerns and seek to help the
industry grow by repealing such bureaucratic legislation.'
ENDS
Notes to Editors
1. Downing Street petition text:
We the undersigned petition the Prime Minister to recognise that music and
dance should not be restricted by burdensome licensing regulations. The
recently introduced changes in licensing law have produced an environment
where music and dance, activities which should be valued and promoted in a
civilised society, are instead damaged by inappropriate regulation. We call
on the Prime Minister to recognise this situation and take steps to correct
it.
http://petitions.pm.gov.uk/licensing/
2. DCMS and the Association of Live Music Forum commissioned MORI research
into the impact of the Act revealed that, following the Licensing Act, 40%
of smaller venues lost any automatic entitlement to provide live music. In
order to do so these venues are now forced to apply for a Temporary Event
Notice (TEN), costing £21, up to a maximum of 12 per year for each venue:
6.1.1. The proportion of establishments which now have a Premises Licence
permitting them to stage live music is not significantly larger than the
proportions of establishments which previously put on live music events,
either with a PEL or through some other form of authorisation. Very few
establishments that wanted a new licence were denied it, and many who were
previously limited to 2-in-a-bar now have the ability to stage music with 2
or more musicians27
6.1.2. This contrasts, of course, with the fact that 40% of establishments
now have no automatic means of putting on live music (i.e. they would have
to give a TEN). Whether this is problematic is debatable: these
establishments have tended to indicate a lack of suitability or local demand
for putting on live music - so we might expect the negative impact from this
to be minimal.'
"Licensing Act 2003: The experience of smaller venues in applying for live
music authorisation"
Ipsos-MORI - DCMS
December 2006
3. The provision of a piano in a bar could be deemed an offence under the
terms of the Licensing Act 2003 as a provision of 'unlicensed entertainment
facilities'.
4. Liberal Democrat 2005 Manifesto pledge:
We believe artists must have the freedom to create, not just teach others,
and that the arts must be free from excessive Government interference. The
Liberal Democrats would: allow live music to flourish by reducing the
currently overly bureaucratic requirements for licences for small venues
while strengthening local authorities' powers over noise, disturbance and
safety to prevent public nuisance.
5. The definition of 'incidental music', which continues to be exempt under
the Licensing Act, is also unclear. Some councils require, for example,
hospitals to be licensed to provide live music to entertain their patients,
whilst hospitals in a neighbouring borough are free to do so without a
license.
Contact: Sean Kemp, Print Media Manager, Liberal Democrats
Office: 020 7227 1240
Mobile: 07960 012 356 ... Out of Hours: 020 7340 4949
Whilst the general message is great, the above paragraph flies in the
face of my own experience of our Liberal Democrat controlled council
which was about as draconian as can be in over-interpreting the
licensing and disabilities laws in and around Ely, resulting in the
effective expulsion of Ely Folk Club from pubs in Ely for about 6 years
(now resident at the Lamb Hotel in Ely).
Stephen
--
Stephen Kellett
Object Media Limited http://www.objmedia.demon.co.uk/software.html
Computer Consultancy, Software Development
Windows C++, Java, Assembler, Performance Analysis, Troubleshooting
Reg Office: 24 Windmill Walk, Sutton, Ely, Cambs CB6 2NH.
Yes sadly, the Lib Dems have been the largest single party most of the time
that my Council's officers have been allowed to apply the most ridiculous
interpretations of both the old and the new licensing legislation.
But this is more a failing of local 'democracy' in general that the fault of
any party or councillors. As these individuals come and go - while the
officers remain and the real power devolved locally by this type of
legislation remains with them.