The UK’s new Licensing Act rings in the changes
Health & Safety , Licensing , Live Events / December 2006
UK

HEALTH & SAFETY / LICENSING Live event industry As the merits of the Licensing Act 2003 become more apparent, members of a town band are furious after being told they couldn’t play Jingle Bells in their Christmas shows unless they paid for a licence – because the song has no religious content. Callington Town Band in Cornwall, a registered charity, is having to fork out £21 for each of seven temporary licences to cover their Christmas programme after Caradon District Council’s licensing department told the band it would fall foul of the Act which came in to force this April, if it played anything other than religion based carols during its seven Christmas concerts. The council said a temporary entertainment notice (TEN) was needed every time entertainment was provided in venues without public licences. That means festive favourites like Jingle Bells, White Christmas and Rudolph the Red Nose Reindeer need a licence whereas Christmas carols which are considered religious music do not. In London, Lambeth Council has revoked the premises licence of a Brixton nightclub where police discovered two loaded handguns and drugs during a raid earlier this month. The council’s licensing sub-committee took the decision to revoke the licence for the J-Bar in Stockwell Road, Brixton,…

Door staff ‘liability nightmare’ after Court of Appeal’s decision in Hawley v Luminar
UK

HEALTH & SAFETY / LICENSING Live event industry The Court of Appeal has followed the recent trend in extending vicarious liability for employees in the case of Hawley v Luminar (2006). It now seems that pubs and clubs may be responsible for the actions of door supervisors even if they do not directly employ them. It is already established law that if an employee, acting in the course of their employment, injures another, even if that employee’s actions go well beyond what they are trained or employed for for, their employers may well be held vicariously liable for their acts and will have to meet any consequential award of damages (see Mattis v Pollock t/a Flamingos Nightclub Times Law Report 16th July 2003 and archive Music Law Updates December 2003). In Hawley v Luminar the door supervisor was employed by an outside contractor but the court upheld the original judgment that as he had been seconded to club owner Luminar, Luminar had responsibility for his actions even though his immediate employer had the right to hire and fire and also paid his wages. In reaching this conclusion the court carefully considered who had control – and therefore responsibility for – the doorman’s actions. It…

Statutory objections to proposed new festival
UK

HEALTH & SAFETY / LICENSING Live Event Industry Plans for a major music festival in Waveney near Lowestoft in the UK could be scuppered after objections by the police, fire service and environmental health officers. The Organisers behind Eastern Haze 2006, due to be held at the 500 acre Somerleyton Hall estate near Lowestoft, have asked Waveney District Council for a time-limited premises licence to run the festival from Friday July 21 to Sunday July 23. The bill so far announced features Hawkwind and Dreadzone along with several local bands. Other planned attractions include a holistic area for therapies and readings and lots of activities for children including theatre shows, street theatre, puppetry and jewellery-making workshops. But letters to Waveney’s licensing officer from Suffolk police, the county’s fire service and the council’s own environmental health team, say they cannot support the application. The police state that they want to register objections on two grounds: The state that they have assessed the planned traffic management scheme and have “concerns over entry and exit routes due to the narrowness of the proposed routes and the potential for accidents and blockages, particularly in the event of an evacuation procedure from the venue”. The police…

Underage drinkers to target Fife pubs
UK

HEALTH & SAFETY / LICENSING Live Event Industry ARTICLE LINK:  Scotland is in the enviable position of rolling out their new licensing laws (and implementing their SIA door supervisor programme) with the benefit of hindsight – by learning from the mistakes made in England and Wales’s from the rushed and ill thought out Government and regulatory approaches. See details of the Licensing ( Scotland) Act 2005 by Angela Frewin in the Caterer http://www.caterersearch.com/Articles/2006/05/02/306513/Underage+drinkers+to+target+Fife+pubs+in+sting+operations.htm For more details on Scotland’s new licensing laws see:  http://www.thepublican.com/cgi-bin/item.cgi?id=20646&d=32&h=24&f=23&dateformat=%25o%20%25B%20%25Y

Publicans fear that the Scottish Executive wants unhealthy bar food banned
UK

HEALTH AND SAFETY / LICENSING Live event industry Whilst Scotland can learns from the Licensing Act mistakes in England, the downside is that Scottish legislators have even more time to dream up new restrictions and rules – the dreaded initiatives that are seizing up so much of life – in education – in health – in the legal system – and now in entertainment. If it was April 1 st I am sure I would have thought the following was a joke – but its not. The Scotsman reports that ‘Advisers’ to the Scottish Executive have come up with a new way of promoting healthy eating using the new licensing powers – by banning ‘unhealthy’ food such as pies and chips food in licensed premises – meaning customers only have a ‘healthy’ option. So is it goodbye to personal choice, fun and rock n roll and hello to smoke free, noise limited, salad bar nanny state gigs, festivals and venues in the future? Who will rid us of these turbulent advisors!!! See http://www.theherald.co.uk/politics/61444.htmlhttp://news.scotsman.com/health.cfm?id=674232006

New licence granted in saturation zone
UK

HEALTH & SAFETY / LICENSING Live Event Industry The Publican reports that a bar chain is celebrating a landmark victory over a council after it was granted a licence for a new venue in a town’s saturation zone. Cannock-based operator Bar Sport has been give the green light by Loughborough magistrates to open a new bar in the town after winning an appeal overturning the local authority decision who felt that the new pub in an already ‘saturated zone’ would promote crime and disorder. Bar Sport argued that they would provide food and a dedicated customer taxi service. But please note the May 2006 Law Updates Archive for the recent High Court decision in R (J D Wetherspoon) v Guildford Borough Council upholding the prima facie legality of saturation zones (although blanket policies banning, for example, late night opening, are not legal). http://www.thepublican.com/cgi-bin/item.cgi?id=20665&d=32&h=24&f=23&dateformat=%25o%20%25B%20%25Y

Mean Fiddler not liable for cost of police presence at Leeds Festival
UK

HEALTH & SAFETY / LICENSING Live Event Industry Reading Festival Limited v West Yorkshire Police Authority [2006] EWCA Civ 524 The Mean Fiddler Group (owner of Reading Festival Limited) has won a Court of Appeal battle over who pays to police major events. They had been ordered to pay West Yorkshire Police nearly £300,000 for its services at the Leeds Festival in 2003. But The Court of Appeal said that “special police services” had not been requested in 2003 and could not be recovered from the promoter. Lord Justice Scott Baker said the ruling had implications for major events and any large gatherings of the public. He said the court was being asked to decide on the dividing line between services the police must provide as part of its public duty and special services provided at the request of promoters, for which promoters must pay. Lord Justice Scott Baker said: “There is a strong argument that where promoters put on a function such as a music festival or sporting event which is attended by large numbers of the public, the police should be able to recover the additional cost they are put to for policing the event and the local…

New booklet explaining the Licensing Act 2003 published
UK

HEALTH & SAFETY / LICENSING Live event industry Licensing experts Poppleston Allen has launched the latest edition of The Licensed Trade Guide. The booklet provides a run down on the details of the new Licensing Act. It covers areas such as the role of the licensing authority, licensing objectives and licensing policy, whilst also explaining the decision process behind the granting of a licence. Seehttp://www.pactltd.co.uk/ .

Illegal doormen and late night takeaways targeted in UK
UK

HEALTH & SAFETY / LICENSING Live event industry An operation inspecting nightclub and pub door bouncers across South Wale s found 31 working without a licence. More than 600 door supervisors were spoken to in a check of 223 licensed premises on Saturday 25th March according to a report from the BBC. Police and the Security Industry Authority (SIA) acted after concerns raised by the public. Pubs and clubs in Cardiff, Barry, Merthyr, Pontypridd, Bridgend, Neath, Port Talbot and Swansea were all visited at the same time. By law, door supervisors must obtain an SIA licence. Those without one are committing a criminal offence, which carries fines of up to £5,000 or six months prison sentence. And local authorities have begun to use provisions of the Licensing Act 2003 to close down fast food outlets which are magnets for late night trouble. The Warwick Pizza and Kebab shop in Carlisle, Cumbria, was refused a post 2am licence to serve hot food. Police said that the area around the takewaway were ‘without a doubt’ the city’s worst area for alcohol related violent crime. 48 incidents were reported last year to November 24th. And in Blackpool the Funny Boyz takeaway has been closed at a specially convened meeting…

Punch Taverns has drops plans for a judicial review against Leeds City Council
UK

HEALTH & SAFETY / LICENSING Live event industry Punch has dropped claims that the conditions placed on four of its pubs in the city, which included the fitting of a fire alarm in one premises and a requirement to carry out safety checks at another, were unlawful under the Licensing Act have failed. The High Court upheld the magistrate’s appellate decision of September 7 2005 itself upholding the Local Authority’s position that the conditions on the licence were not “unnecessary or disproportionate” (The Publican, September 19). Punch had been pressing for a judicial review of the case in London’s High Court, but last week pulled out, saying it was “better to try and work with Leeds Licensing Authority outside of the courts”.

JD Wetherspoon loses appeal over Guildford pub
UK

HEALTH & SAFETY / LICENSING Live event industry JD Wetherspoon loses appeal over Guildford pub: Regina (J D Wetherspoon Plc) v Guildford Bourough Council The Times 14 April 2006 Pub chain owner JD Wetherspoon has lost its High Court challenge against Guildford Borough Council. The company wanted the high court to overturn a decision by the local authority that effectively blocked its Lloyds No 1 pub gaining a three-hour extension. Guildford Council blocked the extension after claiming in contravened its cumulative impact policy. Wetherspoons had insisted the policy should apply only to new premises – the Rodboro Buildings venue was converted from an existing JDWetherspoon pub (and coincidently is next door to the Academy for Contemporary Music where the Editor of Music Law Updates has taught!). Lawyers for Wetherspoon argued that the Guildford licensing authority’s refusal to grant its application was undermining the new licensing regime. Sir Richard Beckett, QC, for the pub chain, claimed that the council was effectively enforcing the old 11pm closing time by the back door and said that the council’s policy was contrary to the 2003 Licensing Act. He argued that the authority had adopted a “cumulative impact policy” for Bridge Street because of the…

Select Committee and Better Regulation Commission both damn DCMS role in new licensing regime
UK

HEALTH & SAFETY / LICENSING Live event industry A new Select Committee report damns the Department of Culture Media and Sport’s poor management of the introduction of the new Licensing Act 2003 and warns that this must not be repeated when the UK’s new gambling regime is introduced. The cross-party select committee said that pub landlords, councils and residents were put under “unnecessary stress because of late guidance, inconsistent advice and unclear information from the department”. Committee chair Phyllis Starkey said that the “dilatory” approach of Culture Secretary Teresa Jowell’s department was “completely unacceptable” and concluded it “failed to administer the transition period effectively”. The responsible minister is James Purnell MP. Shadow Secretary of State for Culture, Media and Sport, Hugo Swire MP, added this: “Clearly the Government’s handling of the new licensing laws has been a shambles, and it is local authorities, village halls and community centres who are left to deal with the mess and the bill. Ultimately, council taxpayers will be left paying for the Government’s mistakes. At times, the Department has seemed gripped by inertia and has refused to see the scale of the chaos before them. Most worrying is the admission that some licence applications…

Police bid to defy CPS advice over absent licence-holders
UK

HEALTH & SAFETY / LICENSING Live event industry South Yorkshire Police are hoping to prosecute a Barnsley licensee for going on holiday and leaving a person in charge who did not hold a personal licence to sell alcohol – despite advice from the Crown Prosecution Service (CPS) that “no offence had taken place”. The Publican reports that the police policy is against guidance from the Department for Culture Media & Sport (DCMS) and LACORS, the local authority co-ordinating body. The case revolves around Tracy Elrington, who was forced to return from a holiday in Spain after her pub, the Mount in Barnsley, was the subject of a closure order because there was no one with a personal licence was present to sell alcohol at the premises.There is some confusion over whether the holder of the premises licence, who must authorise the sale of alcohol, need be present. This is coupled with the fact that closure orders are available to the police where there is disorder, or an imminent risk of disorder, breaking out. So the problem with the Police’s view is that the move to prosecute is a difficult one to justify: Admittedly there seems to be a lack of clarity in the…

Edinburgh Fringe venues fear closure as cost of licences soar
UK

HEALTH & SAFETY / LICENSING Live Event Industry Fringe venues might be forced to shut down because of “crippling” increases in their licences introduced by Edinburgh City Council. Organisers at Fringe venues believe the move will jeopardise the very existence of the Festival, discouraging artists from performing in Edinburgh. The amended licensing law will affect not only performing and outdoor Fringe venues, but also a wide range of businesses across the city, as varied as riding schools, sex shops, zoos, indoor sports or late-hours catering. For small venues of fewer than 200 seats, the fee for a temporary performance licence has jumped to £440 from £127 in 2005. The fees will increase to £620 next year and will then jump to £800 in 2008. Larger venues of more than 1,000 seats will pay £1,320 this year, compared with £295 in 2005, while in 2008 they are expected to pay as much as £2,400. Edinburgh City Council said the authority had been operating at a deficit of £177,000 and had to recover the losses. The Council has pointed out that that following the Civic Government (Scotland) Act, which came into force in 1998, licensing schemes had to operate on a cost-recovery basis The Scotsmanwww.Scotsman.com 8…

Bombay court lifts ban on bar dancing
UK

HEALTH & SAFETY / LICENSING Live event industry The High Court of Bombay has recently lifted a ban on dancing in bars which had put 75,000 bar dancers out of work, had hundreds more arrested and lost the bar owners substantial amounts of money after income dropped in the aftermath of the Maharashtra State Governement’s decision. Over 700 bars in Bombay and 600 in the state were forbidden to have women dancing to Bollywood hits as entertainment for mostly male customers. The Government can appeal the decision to the Supreme Court in India. The High Court ruled the band discriminated against the dancers. The Times 13 April 2006

Massive Police raid threatens the Fridge’s future
UK

HEALTH & SAFETY / LICENSING Live event industry A massive raid by the Metropolitan Police has meant that the Fridge Nightclub may be forced to close its doors. The Met wants to make the owners of the Fridge club, in Brixton Hill, reapply for their licence. A police spokeswoman said officers intended to apply for the review of the club’s premises licence under section 51 of the Licensing Act 2003. The move follows a two-month undercover operation by the Met’s clubs and vice unit targeting dealers working in the club. Intelligence received led to 200 officers storming the club’s Polysexual night at 11pm on Saturday 22nd April. Eleven arrests were made and three men will appear at Horseferry Road Magistrates’ Court charged with supplying class-A drugs. the Licensing Act 2003 introduced additional powers for local authorities and the police and gave local people a chance to have their say Anyone living or trading within the vicinity of a newly licensed premises can apply for a review of the licence if they can show that public safety is at risk or it is causing an increase in crime and disorder or public nuisance . http://society.guardian.co.uk/drugsandalcohol/story/0,,1755314,00.html

UK Home Office exempts football stewards from door supervisor regulations
Licensing , Live Events / October 2005
UK

LICENSING Live Event Industry The Home Office has decided to exempt in-house football stewards from licensing under the Private Security Industry Act 2001 following consultation with the SIA, the Football Licensing Authority and the Department for Culture, Media and Sport. The Private Security Industry Act (PSIA) 2001 allows for specific groups to be exempt for the Act in circumstances where suitable equivalent alternative arrangements apply. The exemption for football stewards is expected to take place from around January 2006. Media enquiries on this subject are being handled by the Home Office Press Office. The Home Office has issued a Regulatory Impact Assessment (RIA) which considers the options for ensuring that football stewards, their supervisors and managers satisfy the requirements of the PSIA 2001 without creating an unnecessary burden on the businesses and individuals affected. It also sets out the Government’s preferred option and explains how the proposed framework will work. See: http://www.the-sia.org.uk

The UK’s new Licensing Act causes chaos
Licensing , Live Events / September 2005
UK

LICENSING Live Event Industry The UK’s live music scene is under threat as numerous pubs and clubs have failed to re-apply for licences to sell alcohol and provide entertainment according to a new report. Under the Licensing Act 2003, anyone wanting to keep selling alcohol and/or provide entertainment must complete the paperwork by 6 August 2005. The new 21 page application contains details of what entertainment the venue or pub wish to promote and applicants must send in details of their current licence along with plans of premises and other details. Applicants must also state how they will meet the four key licensing objectives: preventing crime and disorder; promoting public safety; preventing public nuisance; preventing harm to children. Research by drinks company Glenfiddich has found that half of all pub, bar and restaurant owners are yet to apply and the report claims that the number of gigs taking place in the UK every day could fall from an average of 4,500 gigs to 2,250, if the venues are forced to close due to a lack of licence. Even the Government’s own figures suggest that 30% of premises (some 60,000 licensees) will miss the deadline. The 6th August deadline has been set…

The Live Music Forum says “Save UK Live Music”
Health & Safety , Licensing , Live Events / November 2004
UK

LICENSING, HEALTH & SAFETY Live Music Industry, Venues ARTICLE: by Tom Frederiske The Live Music Forum, created by the Licensing Act 2003 and chaired by Feargal Sharkey, has issued a call to arms to the music industry and fans alike: act now to help exploit a rare opportunity to expand live music in the UK. On 7 February 2005, an unprecedented six-month period begins, in which licences for putting on live music will, at least theoretically, be easier to obtain provided action is taken now to ensure that proper guidelines are put in place locally. According to the Culture Minister, this amounts to the “biggest social change and reform of our leisure industry … in 40 years”. We are now half way through a pre-transitional period (ending in February) during which licensing authorities must prepare, consult on and publish local licensing policy statements. With these statements, local authorities effectively create their own guidelines for granting licences (in conjunction with the “Guidance Issued Under Section 182 of the Act” which aims to provide best practice and greater consistency of approach and which seeks to promote a “thriving and safe night-time economy” and “enhance people’s lives by providing important opportunities for the…

Scottish Promoters Use a ‘Wedding’ to Try to Foil Licensing Laws
Health & Safety , Licensing , Live Events / September 2004
UK

LICENSING, HEALTH & SAFETY Live Event Industry A local authority has banned a music festival in the Scottish Lothians after organisers tried to bill it as a wedding to help escape the need for licensing. Twisted Events, the company behind Green’s Music Festival, had hoped to overcome problems licensing the event with West Lothian Council by rebranding it as a private wedding party. A couple had offered to take the plunge on stage to help push the event forward as licensing negotiations between organisers and council chiefs rumbled on. As a private party, entertainment and alcohol licensing was not required and twenty four local young rock acts were due to perform for 1000 revellers on farmland near Broxburn. The bands had taken part in a competition. But the local authority took the organisers to court, threatening to ban the event entirely. At Linlithgow Sheriff Court the parties reached an out-of-court settlement but an array of restrictions were slapped on the “wedding”. All bands enlisted to perform were cancelled while restraints were placed upon music played and numbers of guests permitted. In addition, council and police officials had to be informed fully about all plans. The couple who had planned to…

UK Licensing Act 2003
Licensing , Live Events / May 2004
UK

LICENSING Live Event Industry The UK Licensing Act 2003 received Royal Assent on 10th July 2003 but is not expected to come into full effect until 2005. The main points are that pubs, bars, restaurants, hotels and concert venues will be covered by a new ‘Premises Licence’ which will cover the sale of alcohol and any or all of the seven ‘regulated entertainments’ including performance of live music, performance of dance and the playing of recorded music. A one-off fee of between £100-£500 will be paid the applicable local authority and their will be an annual inspection fee to the local authority of £50-£100. Licence applications must be submitted to the local authority 28 days in advance and must include a plan of the premises, details of licensable activities and times of licensable activities. The following is taken from the Department of Culture Media & Sport’s website under the heading Regulated Entertainment. Under the new licensing regime, the concept of a separate public entertainment licence will disappear. Under the new regime only a single authorisation will be needed to supply alcohol, provide regulated entertainment, such as a performance of live music, or provide late night refreshment or any combination of these activities. Six…

MELBOURNE VENUE OWNERS OBJECT TO RESIDENTIAL DEVELOPMENTS NEAR EXISTING CLUBS
Licensing , Live Events / July 2003
Australia

LICENSING Live concert Industry The live music industry in Melbourne, Australia is pushing for a change in the law to put an obligation on builders and owners of new apartments built near live music venues to soundproof new buildings against the existing levels of noise. Venue owners say that as house and apartment prices in the inner city have soared, home owners’ expectations have changed and that new, more affluent residents don’t want to be kept awake at night by live music. Their complaints about noise to local authorities and liquor-licensing bodies are increasingly being taken seriously. The owner of one live music venue objected to a three-storey apartment block being built in a warehouse shell behind his venue. The owner says one wall of the block will be just metres from venue’s back door and beer garden, and that plans show that windows from two bedrooms will be “directly adjacent” to the rear of the venue. The venue currently hosts live bands six nights a week, playing until 1am. The venue told the Victorian Civil and Administrative Tribunal that builders should incorporate soundproofing into the new development but on March 31, VCAT ruled that the development could proceed although…

LEEDS FESTIVAL GRANTED LICENCE
Licensing , Live Events / July 2003
UK

LICENSING Live Event Industry The Carling Weekend Leeds Festival was successful in its applications for a public entertainment licence at both Temple Newsam and Bramham Park after strong objections from local residents at the Festival’s 2002 site, Temple Newsam. Last year’s Festival ended in riots and arson and local residents had described the Festival’s history as ‘4 years of hell’. But the Mean Fiddler Organisation has decided to go ahead with the Bramham Park site after the local authority recognised the cultural and economic benefits the festival brought to the local area. See: www.nme.com In a separate matter reported in the Stage (May 22, 2003) it was announced that the British Actors Equity Association (Equity), the trade union which represents artists and performers, had brought an emergency motion to its annual conference after insurers announced that they were no longer able to secure public liability cover for hypnotists. As all performers using hypnotism must have public liability insurance when applying for a licence from the relevant UK local authority the current situation inevitably means that no licences can be granted.

RAVE ACT PASSES THROUGH US CONGRESS
Licensing , Live Events / June 2003
USA

LICENSING Live Concert Industry The US Rave Act has passed through the US Congress when Senator Joe Biden tied the provisions to the Child Abduction Prevention Act. This means that the promoter or organiser of events and/or the property owner can face imprisonment for up to twenty years if drugs are found being used at venues and nightclubs. The Drugs Policy Alliance warned that ‘Property owners can be punished for drug offences which their customers commit – even if they work hard to prevent such offences.’ See www.ilmc.com and www.drugpolicy.org

ASTORIA FIGHTS FOR LICENCE
Licensing , Live Events / May 2003
UK

LICENCING Live Concert Industry The London Evening Standard reported (08/04/03) that the Astoria in Charing Cross Road faces a fight for its public entertainment licence after Westminster Council renewed efforts to remove the venue’s public entertainment licence. The venue has had a number of high profile problems and in the eight months between September 2001 and May 2002 the emergency services were called to the venue 152 times. In October 2001 there was a double shooting linked to rap band So Solid Crew at the Astoria. The Council initially refused the venue’s licence but the Astoria’s owners, the Mean Fiddler Group Plc, successfully appealed the decision in the Magistrate’s Court. Westminster Council have now lodged an appeal against the Magistrate’s decision asking the superior court to uphold the original decision to refuse the licence. The case will be heard before the Superior Court who will review the magistrate’s decision. COMMENT : Licensing law in the United Kingdom is currently under review by Parliament (see Law Updates March 2003 Musicians Union Spearheads Challenge to Proposed Licensing Legislation) and new provisions regulating the private security industry will soon be incorporated into UK law. The House of Lords have rejected parts of the proposed licensing…

WHEN ‘MOVING’ IS ‘DANCING’
Licensing , Live Events / April 2003
UK

LICENSING Live Concert Industry Undercover licensing officers for Westminster Council in London have investigated and now succesfully prosecuted the Pathfinder Pubs, owner of the Pitcher & Piano chain of bars, for allowing customers to dance at bars which did not hold a public entertainment licence. The bars argued that customers were simply ‘moving rhythmically’ to the music. Horseferry Road Magistrates Court fined the chain 00 and required the chain to apply for two public entertainment licences.These will cost the chain 00 and the two bars in question will need 000 of works between them to qualify for the licences. See London Evening Standard 27 March 2003.

UK PUB PAYS HEFTY PRICE FOR BREACHING PUBLIC ENTERTAINMENT LICENCE
Licensing , Live Events / March 2003
UK

LICENSING Live Concert Industry Pub licensee Peter Elton was fined 00 with 00 costs by Bromley Magistrates Court for two admitted breaches of the Pub’s Public Entertainment Licence. Mr Elton admitted to allowing entertainment to continue for 45 minutes past the licenced curfew at the Alexander Pub in Penge on the Kent Borders in England. The licence conditions had been imposed to prevent disturbance to residential neighbours of the Alexander. See www.newshopper.co.uk

UK MUSICIANS’ UNION SPEARHEADS CHALLENGE TO PROPOSED LICENSING LEGISLATION
Licensing , Live Events / March 2003
UK

LICENSING Live Concert Industry Organisers of live music in small venues, currently exempt from needing a Public Entertainment Licence (PEL) and ‘pub’ venues where two or less performers are featured (known as the ‘two in a bar’ rule) are becoming increasingly alarmed at the hidden costs and bureaucracy emerging from the UK Government’s proposed Licensing Bill. Audience magazine noted that ‘far from deregulation or a boost to the industry, the legislation is likely to devastate the sector of live music where many aspiring performers take their first steps and others enjoy a modest living’ (www.audience.com). The initial plan of scrapping PELs and including a entertainment licence free with a venue’s liquor licence initially seemed positive – not now, as both the live music industry and the licensed pub trade are becoming increasingly concerned. The plan to move liquor licensing from Magistrates Courts to local authorities is now opposed by the licensed trade and the live music industry is also alarmed that the new levels of local authority bureaucracy and increased costs will spell the end of small pub and club venues.

2003 GLASTONBURY FESTIVAL PUBLIC ENTERTAINMENT LICENCE GRANTED
Licensing , Live Events / March 2003
UK

LICENSING Live Concert Industry After a meeting lasting until 00.30 the Regulatory Board of Mendip District Council finally granted the licence for the 2003 Glastonbury Festival. This was the festival’s second application having initially been refused a licence because of the Council’s worries about safety and security of local residents and the policing of local villages outside of the Festival site itself. After the seven hour meeting on the 17th February, Festival co-organiser Emily Eavis said ‘I am so excited but it was like going through a really painful paper shredder’. See www.glastonburyfestivals.co.uk

GLASTONBURY FESTIVAL’S 2003 PUBLIC ENTERTAINMENT LICENCE IS REFUSED
Licensing , Live Events / February 2003
UK

LICENSING Live Concert Industry The UK’s biggest festival, Glastonbury, is having to re-apply for a Public Entertainment Licence after its initial application was rejected by Mendip District Council (MDC) despite no objections from MDC’s own officers or statutory consultees. The new application will be heard on the 17th February 2003. The Local Government (Miscellaneous Provisions) Act 1982 provides that responsibility for controlling places of public entertainment (music, dancing, etc) rests with the district council or in London with the relevant London Borough. It would normally be an offence to organise public entertainment without a licence or to be in breach of any terms or conditions of a licence granted. At present the licensing of public entertainment applies to all indoor and outdoor events (except bar events with two or less performers). The relevant local authority will have a very wide discretion with the terms and conditions of the licence but as a minimum the authority can impose terms and conditions to secure the safety of performers and others present, to ensure there is adequate access for emergency vehicles and provide toilets and sanitation and to present unreasonable noise and disturbance to the neighbourhood. The Public Entertainment Licence (Drugs Misuse) Act 1997 allows local…