The M
e t a project brings together music makers and workers across the British Isles!
LICENSING
INFORMATION
FOR MUSICIANS
& VENUES
by Dave Cross
The 2003 Licensing Act affects most people working in the Arts in England and Wales.
Licensing has become the responsibility of Local Authorities.
To explain how the Act should be applied, the governments's DCMS published Guidelines in Feb 2004.
These are intended to help Local Authorities in preparing a policy for Licensing and in considering Licence Applications.
They also will help venues to understand the requirements for obtaining a Licence under the new Act.
the
Guidelines to the 2003 Licensing Act - considerations for Licencees and musicians.
The 2003 Licensing Act will begin to come into effect around February 2005. Most of the new procedures
in the Bill will be introduced over a "transition period" of nine months or so. It will be supplemented by guidelines
which have now being published by the DCMS (Department for Culture, Media and Sport).
(See HMSO website)
Note: Guidelines cannot override the actual wording of the Act.
The Licensing Act was going to change the way Alcohol and live music are licensed. Venue operators in England and Wales will soon have to have a new Premises Licence and also a Personal Licence from their local council instead of the present system of a Liquor Licence from the local magistrates and a public entertainments licence from their council. But much of the detail was still to be published, including the all important dates of when this all comes into effect.
Dave Cross has been pouring over the newly published "Guidelines" from the DCMS which fills in a lot of the blanks, responds to many of the criticisms which arose when the Act was published last year, and also starts the clock ticking towards the two "appointed dates" when the Act comes into force.
The earliest dates for these "Appointed Dates" dates which mark the beginning and end of the "Transition Period" will be February to November 2005. Existing Licences can be transferred to new style licences during that period but the guidelines are still to be debated in the Houses of Commons and Lords and so will almost definitely be delayed.
Critics of the new Act said it was going to kill off live music, especially in the smaller venues which are often run on a shoestring by music enthusiasts. The guidelines try very hard to say the exact opposite: they talk of the importance of Live Music to the nation's cultural life, and they talk of the ease with which small, local and community events and entertaniment can be Licenced. "proper account should be taken of the need to encourage and promote a broad range of entertainment, particularly live music . . . . . Performances of live music and dancing are central to the development of cultural diversity and vibrant and exciting communities where artistic freedom of expression is a fundamental right and greatly valued. Music and dancing also help to unite communities and particularly in ethnically diverse communities, new and emerging musical and dance forms can assist the development of a fully integrated society." [Section 3.58]
However, publishing guidelines to accompany a legal Act is an odd way of changing things. Technically, Guidance Notes cannot over-ride the actual wording of the Act, and there are bound to be cases of doubt and confusion while Licensing Officers struggle to stay within the word of the law and at the same time try to follow these Guidance Notes. Presumably some instances of entertainment may be restricted or prevented because of the detailled guidance on consulting residents groups and other policies, while others will be promoted and encouraged because of the guidance on cultural diversity. And perhaps those differing points of view are fair enough and should be put in the balance.
There seems little doubt that existing licence holders should do what they can to take advantage of the "grandfather right" to have their existing Licence transferred to the new Personal Licence and the new Premises Licence remembering to tick the all-important "live music" box. That way, there won't be any need for Licencees to sit the accredited examination or to make separate applications to add live music to a Licence which would then have to be considered in all the terms which the new Guidance spells out.
Between now and the beginning of the Transition Period, Local Authorites will have to write a Policy Statement. This will describe how and where they want to see licences for alcohol. music, cinema, theatre etc., with their reasons. Most of the Guidelines is aimed at helping them to do this, but in many sections, they do this in a rather general sort of a way ; here's one example: Local partnerships are to be encouraged when developing a Licencing policy for each area. Examples of partners include Planners, the Fire Service, local Businesses, local residents, performers and their representatives, transport provders. Thats a lot of views to be taken into account, and they're not all going to be the same view. You'd expect many residents are going to say "no music near my home please" and the performer's representatives are going to say they want "live music in every community".
Its not just the Licensing Department of the Local Authorities who have to write a policy statement; applicants for one of the new licences will also have to write what's called an "Operating Schedule" for the premises. this is to detail what they intend doing on the premises such as selling alcohol in between particular hours, and how it is to be managed, such as using door supervisors and a named "designated premises supervisor". It will also describe the arrangements for music and, probably the most confusing part for new Licencees, "the steps which the applicant proposes to take to promote the licensing objectives."
These four licensing objectives in the Act were : the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. This is where the guidelines might seem to be so different from the Act - they talk about the imporance of a rich cultural experience and "Where permission is to be sought for regulated entertainment involving the provision of live music or other cultural activity, applicants may wish to consider consulting the local authority arts officer or local representatives of the Musicians' Union before completing their operating schedule."
When applying for new Licences, the applicants will have to provide an
"Operating Schedule" which
describes what they propose doing in the premises and how the premises will be managed.
These Schedules will have to show how the applicant intends to meet the four
"Licensing Objectives". These are:
- the prevention of crime and disorder,
- public safety,
- the prevention of public nuisance,
- the protection of children from harm.
Local Authorities may approve Licence Applications, refuse them,
or alter the terms applied for.
If the applicant is not satisfied with the decision, they can
appeal to the
Magistrates Court.
Finally, we can enjoy section 5.63 of the guidelines.
"It should also be noted that the provision of any entertainment or entertainment facilities on premises consisting of or forming part of any vehicle while it is in motion and not permanently or temporarily parked is not to be regarded as a regulated entertainment for the purposes of the 2003 Act. For example, a band performing on a moving float in a parade would not require a premises licence if performances only take place while the vehicle is in motion."
FURTHER INFORMATION
Generator has also prepared a guide to how the new Act works, with particular emphasis on live music performances.
It can be downloaded HERE as printable document about 6 pages long.
LINK to The Act www.hmso.gov.uk/acts/acts2003/20030017.htm
LINK the Explanatory Notes to the Act
www.legislation.hmso.gov.uk/acts/en/2003en17.htm
LINK the DCMS GuideLines (a large PDF file) to the Act
http://www.culture.gov.uk/ . . . . /section182licensingact.pdf
LINK the revised (2006) DCMS GuideLines (a large PDF file) to the Act
http://www.culture.gov.uk/ . . . . /040323licensingactdaft.pdf
LINK the DCMS sylabus for the qualification for alcohol licence holders (a web page) under the Act
www.musiciansunion.org.uk/articles/
| 
home page