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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.
On 10th July 2003 the Licensing Act recieved "Royal Ascent" which means it is now law and replaces the Public Entertainments Licence and Justices Licence.
Much of the detail is found in the Guidelines which were published in March 04 and confirmed by parliament in June 04.
All new Pubs, Music Venues, Cinemas, Theatres, and Sports venues, Social Clubs, Public halls, Function rooms and open spaces used for entertainment must apply for the new Licences.

There are a range of exceptions such as places of worship and the playing of incidental music, and relaxed rules for small venues (smaller than 200 capacity) and temporary events (for up to 96 hours).


The 2003 Licensing Act - its Effect on the Arts

  Background to the Licensing Act
  What music events require a Licence ?
  What are the different kinds of Licence ?
  Applying for a Licence, Who should apply, Where to apply, The cost, How long Licenses last.
  What exemptions are there from the need for a Licence ?
  What other conditions might apply to a music event ?
  Other comments

Background to the Licensing Act
The 2003 Licensing Act came into effect in 2005 and is supplemented by guidelines published by the DCMS (Department for Culture, Media and Sport).
(See HMSO website)
Note: Guidelines cannot override the actual wording of the Act.

It was part of a programme of measures brought about following a White Paper called "
Time for Reform". Although it has been drafted and piloted through government by DCMS, it was actually the Home Office's concern for public order (dis-order) coupled with the New Labour cool-Britannia wish to promote the cultural and leisure industries which drove this reform. Its objectives are Public Prder and Safety, the prevention of Nuisance and Child Protection.

It affects most people working in the Arts in England and Wales - particularly in the Performing Arts and the Licensed trade.
It covers the sale of alcohol, live performances (live and recorded music, dance, drama), film in cinemas, theatres, clubs (working mens clubs, British Leigon etc.), late night refreshments/cafes, indoor sport and other entertainments. It does not cover the viewing of sport (or music) on TV in pubs, nor automated "digital juke boxes".
Gambling law was recently reformed by its own new Act.

The 2003 Licensing Act replaces a raft of idiosyncratic legislation (some dating back for centuries) which was previously enforced by a number of Acts, Bye Laws and an enormous quantity of case Law with Judges haveing made pronouncements on almost every conceivable aspect of Licensing. This has all been replaced by one Act and those published Guidelines.

Previously, most licences for alcohol were issued by local Licensing Magistrates, whose judgements are notoriously inconsistent across England and Wales. Magistrates take advice from the Police and Local Authority and usually require additional certification of Fire Safety and other standards of safety which must be met.
Note: Fire Certificates will shortly cease to be issued under separate legislation.
Entertainment Licenses were were issued by Local Authorities, who could be equally inconsistent in their decisions, and who did not always correspond with the decisions of the Magistrates.

Under the new Act, licences for alcohol, entertainment etc. are issued by the Local Authority. The Council's Licensing Committee will be obliged to consider representations from the public and outside bodies, and their own Planning and Environmental Health Depts.

The
one application form covers cover the sale of alcohol, the layout of the premises, the forms of entertainment that are to be provided, the hours and days to be licensed and a statement of the policy to be adopted to deal with crime, public order, nuisance and the protection of children. If the application is successful then a Premises Licence will be issued.
In addition, each licenced premises where alcohol is to be sold, will need to have an approved person in charge, someone who holds a
Personal Licence this person will be responsible for the sale of alcohol and unless they had been a Licencee under the previous system, Personal Licence holders will have to gain a recognised qualification showing their suitability for holding a licence. There will also have to be a Designated Premises Supervisor or DPS (who may simply be the Personal Licence Holder).

There was a lot of publicity aimed at the impact of the Bill on live music - Generator are broadly supportive of those concerns - It is regrettable that the penalties accruing to the illicit sale of alcohol would also accrue to, say, ad hoc singing or small performances in public places or buildings.


What music events requires a Licence ?
A Licence is required for any place (indoors or out) in England and Wales where live or recorded music is provided, or where alcohol is sold and a number of other Licensable activities such as dance performances and showing film or DVD or the hire of venues for functions which include music, dance, film etc. and for the sale of hot food after 11pm.
There are some exemptions which are mentioned in the section below.
There are also some surprising situations which require a licence, such as a rehearsal where the public might be able to see and hear the rehearsal or a school play which includes music and which is performed in front of an audience who are not solely parents and teachers.


What are the different kinds of Licence ?
There are 3 main categories of Licence plus the Temporary Events Notice (which is not strictly a Licence as you do not have to apply for it).

The most common and most important of these is the
Premises Licence (which can apply to indoor or outdoor spaces, and a single building may have more than one Premises Licence), The other two types of Licence are the Club Premises Certificate (which will apply to private members clubs) and the Personal Licence which must be held by someone responsible for the sale of alcohol when alcoholic drink is available (other than in private members clubs). The Personal Licence holder could be from another venue, to be legal when selling alcohol you simply need to have a Personal Licence holder on site for the event.
The
Temporary Events Notice is something which you issue to inform the Local Authority and the Police of your event, only the Police will stop you if there is a serious risk of crime or disorder.

The Premises Licence is a multi-purpose Licence which might include any number of the Licensable activities such as selling alcohol, Live Music and Recorded Music. It will also specify the hours (on each day of the week) during which each activity is Licenced. Every pub will have a premises licence and so will all other halls and open spaces used for events. But before you go ahead with your event it is vital to make sure that whatever activities will be happening at your event are covered by the actual Premises Licence and for the hours that you need it. These details will be printed on the Licence which will be displayed in the premises, and open spaces used for events will generally have been issued a Licence by the Local Authority. If the premises don't have the permissions or the hours you need, you will still have the choice of applying to vary the Licence, to apply for an additioal Licence (and simply ignore the existing one) or use a TEN (below).

All premises where alcohol is sold will have a Premises Licence and also someone who holds a
Personal Licence. That person will be authorised to sell alcohol (or supervise the sale of alcohol). There is no restriction on where they supervise the sale of alcohol so anyone hoding a Personal Licence will be able to sell alcohol in any place which also holds a Premises Licence.
The
Club Premises Certificate is similar but is intended for private members clubs where the general public are only admitted under strict rules (such as being a guest of a member). There are similar arrangements for the hours and the activities which are permitted, though alcohol can only be sold to the clubs' members. Because alcohol can only be sold to the members, there is no need for anyone to hold a Personal Licence. It is possible for a club to also have a Premises Licence which can be used for open-access events, though if the general public are admitted, and alcohol is to be available, then there will need to be a Personal Licence Holder present.

The
Temporary Events Notice is something which you issue to inform the Local Authority and the Police of your event and provided you have completed it correctly, paid the £21 fee and have not used up your allocation for the year at those premises, then only the Police can stop you if there is a serious risk of crime or disorder.
You can use a Temporary Events Notice (TEN) for all sorts of situations as long as there are less than 500 people (including staff and performers) on the premises at any one time; you can use it for a weekend-long music festival, you can use it for a one-off gig in premises which already have a Premises Licence but which doesn't include permission for music; you can use it for extended hours somewhere which has a Premises Licence but not for the hours you want; you can use it for a gig in a park; a car-park; a private field; a large house (or garden) or an office block. You can even issue a TEN for a small corner of a marquee in which a Licensable activity will take place even if the capacity of the entire site is over 500 persons. But if you intend selling alcohol at the event, then the TEN must be issued by someone who already has a Personal Licence (you might find a local pub landlord will be willing to help you, though they will have to be present at your event to supervise the sale of alcohol). You can even use a TEN to cover an event while you are waiting for a full Premises Licence to be issued (because of the longer time the Premises Licence takes to be processed).
There are complex limits to how many TENs can be issued by any one person, and at each location. For example, each "event" is limited to 96 hours, each person may issue up to 5 notices a year (30 if they hold a Personal Licence) and each location may be allocated up to 12 notices a year for a maximum of 15 days per year.


Applying for Licenses
How to apply, Who should apply, Where to apply, When to apply, What they cost, How long do they last.
The three main types of Licence, the
Premises Licence, Club Premises Certificate and the Personal Licence can all be applied for using the standard forms created by the government and available from the DCMS website. The applications for the first two of these types of Licence have to be sent to the Licensing Authority which covers the district where the premises are located, though several other copies have to go to the Police, the Fire Authority, Planning Department, Environmental Health Department and probably a few other agencies in the area (the full list will be on the Council's website in their Licensing section). Typically you will need to print and send off about 8 copies.
After completing the form, you will see a checklist at the end which reminds you to include a cheque, plans of the premsies and if you're going to be selling alcohol, another "form of consent" by the Personal Licence holder who you've arranged to supervise the sale of alcohol.
The forms for a
Temporary Event Notice (TEN) is also going to be available from these websites and is a little simpler, though remember, it is not an application, you are simply telling the Council and the Police what you are going to be doing.

Anyone over 18 may apply for a Licence (or issue a Temporary Events Notice). There is a very long list of criminal offences which will probably lead to an objection by the Police to an application by anyone with one of these convictions to sell alcohol or to admit young people to the premises.

The application
Some people use lawyers to make the application, but its not too difficult for someone who is patient and doesn't mind asking for help (the local aothority should be able to assist if you're stuck, and so should the DCMS website).
Many of the questions will seem quite straightforward, such as the hours and days of the week that you wish to Licence the various activities - be realistic, gigs don't usually finish on time, and people often want the bar to still be open after the gig ends. Better to ask for a few more permsisions and more hours than you expect to need just to cover yourself. (For example, a music venue should also include "films" just in case there will be a gig with a DVD projected onto a backdrop).
On the Premises Licence
application form, applicants will have to indicate if they wish the premises to be licensed for entertainment in exactly the same way as they apply for permission to sell alcohol.

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.
The 5 questions about how you intend to deal with the 4 Licensing Objectives (and one section about deling with all 4 Objectives together) should not be so hard, only if you do expect your proposals will create or add to problems in the viscinity, then you should to answer the questions about Public Nuisance. If you're selling alcohol at night then you will probably need to use trained and SIA-registered door-staff anyway, and you would say so in the answer to the question about deling with Crime and Disorder.
You would only answer the question about protecting children from harm if your event was going to allow under 18s onto the premises or if you were going to be showing films.
If there are homes nearby and your event is likely to produce annoying noise (either from loud music or from your audience leaving late at night) then you will have to consider what steps you could take to reduce the nuisance. In extreme cases, applicants have had to go to great lengths to soundproof windows, to limit the music volume and to print notices asking people to be quiet when they leave.

Councils' Licensing officers are required to ensure that the views of interested parties, including residents, are taken into account. They are also subject to guidelines which are designed to prevent Councillors and council officers from being influenced by Licence applicants (that might be their local pub landlord!).
Their policies must not favour "zones" their area, but should adopt "consistency" across their area; though they are allowed to define Special Areas where applications may be refused if there is already a saturation of Licenced Premises and if there are objections. Their policies must also not stipulate any particular closing time and unless there are objections, applications to stay open late will normally be approved.

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.
The LA will not be certifying venues, and neither will the fire brigade. Existing Health and Safety legislation still applies, and additionally, it will be the venue owner's/manager's responsibility to ensure that all works are to the appropriate standards (Building Regs, Electrical Installation Regs, Fire Regs, Noise at work Regs, Health & Safety etc).
Similarly, existing Environmental Health law still applies to noise and other nuisance.

Fees.
The Fees for a
Premises Licences and Club Premises Certificate depend on the rateable value of the premises and may have an additional charge if there will be over 5000 people present. You can get the rateable value from www.voa.gov.uk/business_rates/index.htm and you can then look up the Fee from the table on the DCMS web site under Alcohol & Entertainment
Most Premises Licenses will cost between £100 - £650 depending on the rateable value. There is also an annual renewal fee which is in the range of £70 to £350 and which also depends on the rateable value. There is an additional scale of fees where more than 5000 will be present at any one time.
The fee depends on the property's rates, and is not affected by which activities you choose (such as selling alcohol, stageing live music etc.).

The fee for a Personal Licence is £37 and for a Temporary Events Notice (TEN) is £21.
The cheques should be made payable to the local Council.
These prices will presumably rise in future years.

Plans.
Applications for a
Premises Licences and Club Premises Certificate need to include plans (these have to be included with the copies you send to the Police etc so make sure you get enough. These should be to a scale of 1 to 100 but for large outdoor spaces simply ask the Council to agree to something more appropriate.
The drawing must include the doors, especially the main public doors and the fire doors, any fire fighting equipment, the bar and the toilets. The area which you will use for the Licensable activities (selling alcohol and providing live music have to be clearly marked, a red marker is best for this, on each copy.

It is not necessary to include areas where alcohol is consumed and where no other Licensable activity such as music is provided (eg a beer garden or a quiet room).

Consent Forms.
When you apply to sell alcohol there has to be a simple
Form of Consent to be completed by the Personal Licence holder agreeing to be the person responsible for the supply of alcohol at the venue.

When you apply for a Personal Licence, you have to include a
statement from the Police confirming that you have no convictions (or if you have that they are not relevant). This is effectively a Criminal Records Bureau search. You must also have a qualification in the Licensed trades; this can usually be obtained after a one-day training course run in lots of colleges across the country.

Advertisements.
Applications for
Premises Licences and Club Premises Certificate must be advertised. The adverts must appear in a local newspaper and also on notices outside the premises which can easily be read from the pavement (large premises must repeat the notice at 50 meter intervals along the perimiter of the premises). The notice must be printed on pale blue A4 paper in 16 point typeface (or larger).
The wording of the blue notice and newspaper advert is the same and will include a brief description of the application and most importantly, the place where the full details can be seen, the date by which objections must be received and where to object.
Templates for the wording of these advertisements can be found on most local authorities websites in the Licensing section.

How long does it take?
A
Temporary Events Notice must be issued MORE that 10 working days before the event.
The others take longer because there has to be time for people to object.
An application for a
Premises Licences or Club Premises Certificate must be advertised for 28 days and that begins with the day the application is received by the Licensing Authority with the blue notices and newspaper advert being displayed as soon as possible after that. During that 28 day period, residents, other businesses and the other official bodies (such as the Police, Fire Service, Environmental Health officers etc.) may all send a written objection.
If there are any
objections to your application (called representations), then a date will have to be chosen for a Public Hearing so that a Committee can consider your application and the objection. That may add another month or more.
Generally, if there is a Police objection and you have not been able to change whatever they objected to, then the Committe will be unlikely to give you the Licence.
If nearby residents object, then the Committee will have to carefully consider the balance between what you are proposing and what residents object to - a compromise may be the best solution if you can't agree to something they ask for.
If the objection comes from another competing Licenced premises nearby then its unlikely that you will have any problem other than the delay of waiting for the hearing, though if the other operator uses a skilled Licensing solicitor to present their arguments to the committee and you don't, then you might find that the eloquent words of the professional solicitor are more persuasive than yours!
When there are objections, you may be able to change something about the building, the hours or the frequency of your events to make it more acceptable, and you can ask the council's Licensing staff to help you understand what compromises might be available.

How long do Licences last?
A
Temporary Events Notice cannot last more than 96 hours, though several can be issued at once with at least 24 hours between each event.
Premises Licences and Club Premises Certificate last forever (unless the application states that there is a time limit, which would be used for a large scale short term event) or until it is surrendered or revoked by the Licensing Authority. However, there is an annual renewal fee which is only slightly less than the initial application fee.
Personal Licences last for 10 years, when they can be renewed during their last 3 months.


What exemptions are there ?
Events which do not require a Premises Licence or a Temporary Events notice includes:-
- Events which are
not in England or Wales. Venues in Scotland will require a Licence if the music is performed after the normal "permitted hours" for the sale of alcohol under the Licensing (Scotland) Act 1976. Pubs and Venues in Northern Ireland are regulated under the Licensing Act (Northern Ireland) 1971.
- Events with no alcohol being sold and where any
music is "incidental" (i.e. the people attending are not coming for the music and the music is not loud enough to prevent them doing whatever they came for); The Courts have not yet defined "incidental" so different local authorities will have different interpretations.
-
Smaller venues (with under 200 capacity) have less need to control disorder and some exemptions in respect of nuisance noise and child protection. If only unamplified music is performed in such a venue then much of the rest of the Act's requirements will also be lifted. But in both cases, where there has been problems or complaints, then conditions lifted by these exemptions can be re-imposed.
- Other exemptions apply to
Garden Fetes, Morris Dancing, Religious services, Places of Worship and educational or advertising films though all of these are also open to different interpretation by different local authorities.
- The
consumption of alcohol is not a "licensable activity", and nor is giving it away. Only selling alcohol requires a licence, though you would be unwise to try to avoid the law by claiming that you are not selling it - even if you proposed a gig where people could bring their own alcohol, you would still need to show that you have plans to manage disorderly and drunken behaviour, so you might as well simply apply for the permission to sell it as well.
-
Fireworks are not Licensable (though they are dangerous and so you should still contact the local authority and fire officer if its a large display).
- Entertainment on
moving vehicles is exempt (but not when they stop!).

What other conditions might apply to a music event ?
The potential for events to be unsafe or loud enough to cause a nuisance are covered by other laws, in fact those other laws applied before the 2003 Licensing Act and they apply in Scotland and Northern Ireland. So it would be reasonable to assume that these other laws should cover your duty to make events safe and to be good neighbours. The real difference is that the Premises Licence gives people a chance to object before your event rather than having to wait until it starts. This can be a benefit if it gives you more advance warning of any matters which have been a concern to the Fire, Environmental Health or Police officers, so that you can meet with them and deal with these concerns in good time. But it can also be a hindrance if they are going to put a condition on your licence which turns out to be unworkable (such as the
noise limiter which kicks in at the first beat of an unamplified drum kit!).
Always try to be as accomodating with these people as possible, they are professionally trained to know what they are talking about, but on the other hand, never agree to anything without being sure you understand and are happy with the consequences; you can always thank them for their advice but leave the meeting to consider it and discuss it with others.
Noise from events is becoming increasingly severly controlled. Rather than accept unworkable conditions, you could, in cases when you only wanted occasional music nights, ask the nearby residents if they would mind an agreed quota of gig dates in the first year which you could review a year later. You can also look at the feasibility of double doors, better noise muffling on the air extractor, using a car park away from residents, and of course the dreaded noise limiter on the sound system. But if you do manage any of these concessions, make sure the council knows you have done them and if its true, that you've got some sort of agreement with the neighbours.

If its an
open air event then you may have to deal with car parking, stewarding, lost children, lost property, first aid and emergency health care, fire fighting and electrical safety. These can become quite specialised but not beyond the ability of someone locally who will have been managing these sorts of events elsewhere and who would be able to bring their expertise. They will probably also bring a long list of useful contacts for everything from the printers of tickets and passes to the suppliers of temporary toilets and the gang of yellow vested stewards and registered security staff.

There are other Licences relating to music - most venues will require one of more of these.
The
MCPS & PRS Alliance (the Mechanical Copyringht Protection Society and Performing Rights Society) collects fees from the music you play (live or recorded) and passes these fees to the composers/songwriters. They issue a wide range of licences depending on the operation you have.
The
PPL and VPL (Phonographic Performance Ltd and Video Performance Ltd) collects fees from the recorded music or film & videos you play. They also have a wide range of Licences.

Most venues selling alcohol will also have to provide
door staff, and these people must hold an SIA registration (Security Industries Association).


Commentary
Critics have also noted that the risks to the public in vast majority of cases of "entertainments" which need to be licensed are adequately covered by
existing legislation - Environmental Health, Health and Safety at Work, the Noise Act, Building Regs, Electrical Installation Regs, - all of these are primary legislation which can already be used to prosecute dangerous venues.
All these controls remain in place, tho small venues which maybe did not hold a PEL will now be required to produce a crime prevention and public order policy statement.
Local Authorities will be able, if they wish, to impose general conditions which will apply to all premises in their area. (An example of this may be that they insist that all premises to be licenced for live music must have registered door supervisors).
The
Small Venue exemption applying to certain venues with under 200 capacity removes that sort of general condidtion from small venues offering only unamplified music up to midnight.

There has been fear and anxiety by venues who fear that the cost of their
insurances will rise or become unobtainable as a consequence of "self assessment" of Safety matters. This remains to be seen.

The
two in a bar rule no longer exists. (This allowed up to two performers to entertain without the need for a PEL). The MU refers to the new Act as "none in a bar".
A Licensee who previously allowed one or two performers to play without a PEL will, when thyey applied to have their Justices Licence converted to the new Premises Licence, would have to have applied for a "variation" to include Live Music.

The "
permitted hours" which were standard across the country under the previous system of Justices Licences have been abolished. It is for applicants to apply for whatever hours they wish, and for Local Authorities to decide what hours they will approve.
Police in city centres have generally been accepting very late or 24-hour licenses in city centres and 11 or 12pm closing in the suburbs. Sundays are treated no differently, The age limit for alcohol sales remains 18 tho' there is less restriction on access to premises by people over 16 because the applicant has the discretion to describe appropriate measures to protect children and young people.

Exemptions from the need for a Licence will apply to Places of Worship, Village Halls and Community Centres, and religious services. Exclusion from "Entertainment" of "incidental Music" will help many venues playing only background music but club venues with DJs will need to be licensed for Entertainment.
Schools are not exempt if the public can attend.
Small venues (capacity 200 or less) which already have a premises licence for music entertainment and who have not been subject of complaints or objections, will will be able to have conditions for noise and child protection lifted.
Other places which are not selling alcohol such as public or private open spaces, shops, libraries, hospitals etc will not require a licence for unamplified music between 8am and midnight.

Penalties for violations may lead to severe penalties from the Courts - up to £20,000 and six months imprisonment.
Performers at an event without a proper Licence in place will not be liable to prosecution unless they were also organisers of an unlicensed event.

It is permissable for the one building or place to have more than one Licence, so, for example, an underused Working Mans Club in a town with a shortage of live music venues could also have a Premises Licence held by a music promoter, so that sometimes it could operate as a members club and sometimes as a public venue.
One off festivals might require a special Premises Licence even if the land already has a Licence but where the permissions aren't adequate for the event.
Local Authorities who have already Licenced their own land (or other open spaces) for public events may have anticipated your needs correctly, so that you wouldn't need to apply for a Premises Licence, but they will have the right to make a charge for the use of the land.

Generator has been closely following the development of this new legislations and has been in regular contact with the DCMS, which is the government department responsible for the implementation of the Act. Generator has also been chosen to sit on the
Live Music Forum, which was set up to monitor the impact of the Act on Live Music. In addition, Generator has also been involved a number of special Licensing Applications which explore the potential of these changes to the law affecting live music.
We welcome the reform of the Licensing Laws with one regrettable exception: namely that the one Statutory Instrument will regulate live music and alcohol whereas live music could more appropriately have been combined with recorded or broadcast music and alcohol could more appropriately be combined with drugs or tobacco.

Different Local Authorities have adopted different interpretations of several important terms. These include:
-
Vicinity when deciding how close a nearby objector may live,
-
Incidental when applied to music not requiring a Licence
-
Morris Dancing as an exempt form of performance
-
Garden Fete as an exempt form of event.

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.culture.gov.uk/what_we_do/Alcohol_entertainment/licensing_act_2003_explained/
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/ . . . . /guide_section182june06.pdf
LINK Generator's initial comments on
the DCMS Guidelines to the Act under the Act http://www.artsdata.net/wwwGen/Licensing_Guidelines.asp
LINK Generator's report on the
DCMS sylabus for the qualification for alcohol licence holders (a web page) under the Act http://www.artsdata.net/wwwGen/Licensing_sylabus.asp
LINK Generator's report on the
Door staff, registered with the SIA (Security Industries Association) (a web page) as required by the Act for premises selling alcohol or other venues and large events http://www.metamusic.org.uk/doors.htm
Comment on the Act www.musiciansunion.org.uk/articles/





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