Licensing-Yet more guidance.
Roger Gall
New guidance for licensees, musicians and local authorities on the Licensing
Act's 'incidental music' exemption has been published by the Local
Government Association:
http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=22768
and http://www.lacors.gov.uk/lacors/upload/23037.pdf
Despite input from the Musicians Union and the Department for Culture, Media
and Sport, the abiding impression is of someone holding a dangerous snake at
arms length. The benefits of live music are rarely cited, and where they
are, they read as though delivered through gritted teeth:
'We are aware of incidental music examples such as a keyboard player in a
restaurant, a jazz guitarist in a cafe and a new group using the local pub
as a nursery venue, that have enhanced the cultural activities of an area.'
Worse than this, however, the guidance fails at a fundamental level. Its aim
was to clarify the legislation, but it achieves the opposite. Examples
given of gigs that would or would not qualify as 'incidental music'
reinforce the absurdity of the law, and will undoubtedly cause confusion.
Consider the following:
Exempt: a pub promoting a stand-up comedian accompanied by a pianist.
Licensable: a pub promoting a performance by a pianist/singer supported by a
stand-up comedian.
Exempt: pub with pianist or other single instrument playing background
music.
Licensable: pub promotes a sing-along event with pianist.
Exempt: carol singers outside a shop.
Licensable: shopping centre organises performances of carols in a shopping
mall.
What coherent regulatory rationale informs these differences? On what
rational grounds should any of the licensable examples deserve
criminalisation unless licensed? The potential for noise nuisance, offered
as the main reason for regulation, would seem to be the same in both the
licensable and exempt entertainments.
Elsewhere in the guidance it suggests that incidental music means 'there
should be no expectation to listen or to watch', and that 'the public must
be allowed to talk during the performance.'
This ludicrous nonsense was launched with a clutch of cringeworthy quotes,
of which by far the saddest must be this from Danny Longstaff, chair of the
Musicians Union executive committee:
'This is excellent news. At last we have some real clarity about this area
of the licensing act which will be of great benefit to musicians and venues
alike.'
Live music campaigner Roger Gall put it more clearly: 'This document may not
be good news for the incidental music exemption but it is good ammunition
for a new one'.
ENDS