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

Testing times for new clout on licensing
UK

HEALTH & SAFETY Live event industry ARTICLE LINK By Cllr Jonathan Myerson A fascinating ‘insiders’ view by a Labour councillor of a licensing decision at Local Authority level (in the London Borough of Lambeth where the Fridge is located, see above) on whether or not to permanently close a venue with violence and drug problems. http://politics.guardian.co.uk/localgovernment/comment/0,,1761572,00.html#article_continue

Select Committee report damns DCMS role in new licensing regime
Health & Safety , Live Events / April 2006
UK

HEALTH AND SAFETY 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 were granted…

New book looks at the taxation of international performing artists
Live Events , Taxation / March 2006
EU

TAXATION Live Music Industry A new book, Taxation of International Performing Artists by Dick Molenaar, investigates the taxation of international performing artists in Europe. Published by the International Bureau for Fiscal Documentation, the book makes it clear that the tax rules for international performing artistes are very different from normal tax rules. For instance, taxation occurs in the country of performance, regardless of whether an artiste is self-employed or an employee. The book considers the problems regarding, for example, the determination of taxable income and the non-deductibility of expenses and tax credits in the country of residence, and gives current examples of excessive taxation. Recent cases before the European Court of Justice have led to awareness of some fairly dubious practices promulgated by fiscal authorities and the author is active in campaigning against restrictive (and often illegal) taxes on the music industry in European Union member states such as Germany.  www.ibfd.org/portal/Product_tipa.html Published by IBFD Publications BV. See Music Law Updates News Archive December 2004 for details of three recent cases at the European Court of Justice: FKP Scorpio Konzertproduktion (C-290/04), Centro Equestro de Leziria Grande Lda. (C-345/04) and Centro di Musicologia Walter Stauffer (C-386/04)http://www.musiclawupdates.com/news/04Decembernewsupdates.htm . Also see IQ magazine

Avon and Somerset Police go on a ‘pub crawl’
Health & Safety , Live Events / March 2006
UK

HEALTH & SAFETY Live concert Industry Police officers have been visiting pubs and clubs in the Bath area in the early part of February as part of a drive to ensure that venues were complying with the new regulations for licensing and accredited door staff. Officers spoke to door staff to check they were Security Industry Authority- approved and what policy the venue had on drugs and underage alcohol sales. A force spokesman said it was pleased with the results but some needed to review their drugs search policy. Staff were also reminded of their obligations under the Licensing Act. Bar staff could face a maximum fine of £20,000 if they breach licence conditions or be imprisoned for up six months under new regulations introduced as part of the Licensing Act 2003. http://www.avonandsomerset.police.uk/LocalPages/NewsDetails.aspx?nsid=4103&t=1&lid=3 And see this link for details of a recent study by Kate O’Brien, a Durham University sociology lecturer, who found that that the percentage of female door staff is rising sharply to deal with violence caused by female binge drinking at nightclubs. O’Brien says that fighting between drunk women can be particularly vicious because they attempt to inflict disfiguring injuries. The British Journal of Sociology is to publish…

Violent alcohol related crime rate allegedly drops by 20% as Licensing Act provisions come into force
Health & Safety , Live Events / March 2006
UK

HEALTH & SAFETY Live Event Industry Serious violent crime has dropped by more than a fifth since the new Licensing Act was introduced, according to official figures. The Home Office statistics challenge the popular press concerns that the new laws would mean drink-fuelled chaos on Britain’s streets. The figures show that serious violent crime was 21 per cent lower in the last three months of 2005, while total violent crime was down 11 per cent. The number of woundings fell by 14 per cent. This included a six-week period when the police were given £2.5m to target alcohol-related crime. However these are Home Office figures and it might be prudent to take these with a ‘pinch of salt’ as UK Government statistics are currently difficult to rely on, particularly when used to justify Government policy. http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/02/09/ndrink09.xml&sSheet=/news/2006/02/09/ixhome.html http://www.thepublican.com/cgi-bin/item.cgi?id=19758&d=32&h=24&f=23&dateformat=%25o%20%25B%20%25Y And see MusicLaw Updates Archive January 2006

Delhi court hold PPL levy illegal
Copyright , Live Events / March 2006
India

COPYRIGHT Live Concert Industry The Delhi High Court has restrained the Phonographic Performance Limited (PPL) from collecting more than 15 per cent of the special licence fee it planned to levy for playing recorded music. The bench comprising Justice Mukul Mudgal and Justice H.R. Malhotra issued the interim order based on writ petitions filed by various hotel owners through the National Restaurants Association of India (NRAI), which challenged the enhanced special fees and annual fees imposed by PPL and the Indian Performing Rights’ Society (IPRS). Counsel for NRAI Anip Sach, they challenged the imposition of the special licence fee and annual licence fee by the two organisations as ‘‘illegal and arbitrary’’. http://cities.expressindia.com/fullstory.php?newsid=169283

Court of Appeal decision clarifies occupier’s liability for unforeseeable accidents
Health & Safety , Live Events / February 2006
UK

 HEALTH & SAFETY Live concert industry Lewis v Six Continents Plc January 20 th 2006 In a decision reminiscent of the common sense approach taken by the House of Lords in Tomlinson v Congleton Borough Council & Others . The UK’s Court of Appeal have held that a hotel operator had no duty of care to fit bars or blocks inhibiting the opening of bedroom windows in a hotel so as to prevent injury from a fall. The case may give some comfort to venue operators and promoters who face liability claims from visitors to their premises and events. The appellant, Christian Lewis, had fallen from a second floor window in 2000 and suffered serious injuries. Whilst he had been drinking it was accepted that he was not drunk at the time and the fall was unexplained. The aperture was 68cm. Lewis relied on S2 of the Occupiers Liability Act 1957 and that the hotel had failed in its duty to take reasonable care. The trial judge (Mr Roger Ter Harr QC) held that it was not reasonably foreseeable that an adult occupying the hotel room leaning forward would fall from the window and the court held that there was…

Diabetic pens cause angst for venue management
Health & Safety , Live Events / February 2006
UK

HEALTH & SAFETY Live Concert Industry A diabetic clubber’s anger at being refused permission to keep her pre-loaded insulin pen on her at a nightclub has opened up a debate about whether or not door staff are right to take medication from customers before they enter a club. Lisa Morris, 27, first wrote about her November 2005 experiences at London’s The End nightclub in the Balancemagazine. She explained how she was told that she could not take her insulin pens into the club and had to give these to door staff for ‘safe keeping’. Lisa had previously taken the pens into the club. Lisa was unhappy about handing over her pens – in case they were tampered with and because of hygiene issues. Lisa was attending as a VIP to write a review on the Club but was asked to leave by door suprvisors. In Balance magazine Lisa admitted that she realised the issue of hightened security post 9/11 and the London bombings and that insulin pens have needles. The End banned all syringes and knives but Lisa countered by pointing out that they were allowed on aeroplanes and that in a club and at  events bottles and glasses posed far more of a risk….

Scottish woman jailed for noise breaches
Health & Safety , Live Events / February 2006
UK

HEALTH & SAFETY Live Music Industry A warning to promoters – Noise Annoys! Marion Beresford , a 48 woman has been sentenced to 40 days in prison by Glasgow Sheriff Court for flouting an anti-social behaviour order (Asbo). Beresford was first served with the order in June 2004 after complaints about loud music blaring from her flat. She was finally taken to court in October this year and has now been sentenced. She will spend Christmas and New Year behind bars. In court, the Sheriff said that she had rendered the Asbo meaningless and the court was left with little alternative but to imprison. In a statement, the Glasgow Housing Association said it would use any legal means to ensure tenants could enjoy a peaceful life in their homes. See the Article Noise Annoys by Ben Challis on this site (click on articles)

Local Authorities gain new weapon in fight against fly posting
Health & Safety , Live Events / February 2006
UK

HEALTH & SAFETY Live Music Industry In July 2004 London’s Camden Council targeted  two of the majors, Sony and BMG over illegal street flyposting. Sony Music chiefs escaped after promising not to commission any more illegal postering. The executives faced summons on the basis that flyposting has been defined as causing “harassment, alarm or distress” and so could be actioned under the Public Order Act 1986 . Now the Magistrate magazine (January 2006 Vol 62 No 1) reveals that Wolverhampton City Council have been using fixed penalty notices under the 2005 Clean Neighbourhoods and Environment Act and have issued over 220 to flyposters. One festival alone received 139 fixed penalties for a single event resulting in the promoter paying fines of £6,950.00. The Council reports significantly lower levels of flyposting

DJ Digital Grace Period Ends
Copyright , Live Events , Record Labels / February 2006
UK

COPYRIGHT Live Music industry, record labels ARTICLE: By Tom Frederikse, solicitor, Clintons The Phonographic Performance Limited (PPL) grace period, in which the £100 penalty for DJs who have already operated without a licence was waived, ended on 1 January 2006. The “surcharge” is now payable by all DJs obtaining a Digital DJ Licence for the first time. Since September 2005, DJs that play out using digital copies of their records have needed a licence to make and keep a “digital DJ database”. The PPL (the collection society for airplay and public performance royalties which acts on behalf of record companies and musicians) introduced the licence last year to facilitate the fast-growing trend for DJs to perform with computers and MP3-style music files. In the UK, a music consumer (including a DJ) has no legal right to make digital copies of their music even when the original source is a CD legitimately purchased by that consumer. The annual Digital DJ Licence costs £200 per year, plus a one-off 50% surcharge for DJs who have already used their digital database of copies without a licence. Under the Digital DJ Licence, DJs are allowed to copy any sound recording (including CDs, vinyl records…

Whilst the popular press rings alarm bells about ‘binge drinking’ the UK leisure and entertainment industries have to face up to the practical ramifications of the Licensing Act
Health & Safety , Live Events / January 2006
UK

HEALTH & SAFETY Live concert industry The UK’s new Licensing Act 2003 came into force on the 24th November 2005 sweeping away ninety years of drinking restrictions and setting up a new regulatory framework for the leisure and entertainment industries.Whilst the popular press have focused their attention on the possibilities of all night binge drinking and a serious breakdown in law and order in English and Welsh town centres, the leisure and entertainment industries are facing up to the rather more mundane ramifications of the Licensing Act – increased bureaucracy and increased licensing costs. Alongside the somewhat exaggerated stories of all night chaos were reports that Local Authorities, now charged with almost all licensing functions, are failing deal with the mountains of paperwork generated by the Act let alone being able to enforce licensing decisions, requirements and conditions. The London Evening Standard (22/11/05 on page 6) headlined with ‘Licensing law Chaos Looms’ reporting on a ‘free for all as councils are unable to monitor all premises’, noting that many clubs, restaurants and pubs will be unlicensed as of the changeover and that local authorities didn’t have the resources to monitor the situation (and neither did the police). One of the saddest results of the Act…

SIA announces that 50,000 licences have been issued
Health & Safety , Live Events / January 2006
UK

HEALTH & SAFETY Live events industry The Security Industry Authority (SIA) is celebrating issuing over 50,000 security licences to the Private Security Industry. The 50,000th licence, a front-line Door Supervisor licence, was granted on Wednesday 9 November 2005. The SIA was launched on 2 April 2003 and now licences 6 sectors of the Private Security Industry with 2,000 training providers offer SIA approved security qualifications. Over 135,000 people hold security qualifications according to SIA figures and 70,000 individuals are part of the SIA licensing system. And Robin Dahlberg, Security Industry Authority (SIA) Deputy Chairman, has accepted the appointment of SIA Acting Chairman when current Chairman Peter Hermitage steps down at the end of January 2006. Home Office Minister Paul Goggins invited Robin to take over from Peter Hermitage on 1 February for around a six-month period. An open competition will be held early next year to appoint a permanent Chairman. Robin joined the SIA Board at the launch of the SIA in April 2003 and in January 2005 he became Deputy Chairman. http://www.the-sia.org

Danish court rejects claim of liability against the Roskilde Festival
Health & Safety , Live Events / January 2006
Denmark

HEALTH & SAFETY Live event industry A claim to apportion blame after the tragedy at the Roskilde Fetsival in 2000 has been rejected by the High Court for Eastern Denmark. The court rejected the request from Finn and Eunice Tonnenson, parents of 17 year old Allan Tonnesen, one of the nine young people who were killed during a Pearl Jam performance. Tonnesen’s parents had claimed that the organisers of the Roskilde Festival had accepted responsibility for the tragedy by making an $11,000 payment to families. However the court ruled that effectively no one person or organisation was to blame. Two previous investigations by the local police and later the Public Prosecutor (District Attorney) for Zealand had concluded that the accident was the result of several unfortunate circumstances and no one was to be held responsible. The initial police investigation, based on 977 interviews with band members, organisers and rescue workers said that the deaths occurred because of “a chain of unfortunate circumstances”, but placed most of the blame on the 50,000 crowd. It found that poor sound in the back caused fans to surge toward the stage and the tragedy was compounded by confusion over who should stop the music….

Canadian nightclub’s scanning of ID found to violate Alberta’s privacy legislation
Health & Safety , Live Events , Privacy / December 2005
Canada

HEALTH & SAFETY, PRIVACY Live Music The Alberta Privacy Commissioner has found that the scanning of patrons’ identification at the door of a nightclub violates the province’s Personal InformationProtection Act (PIPA). The report concluded that purposes for which the personal information was collected were not reasonable, contrary to section 11 of PIPA. The widespread practice of photo-scanning ID in nightclubs was apparently intended to deter violent or criminal behaviour.  However, the Commissioner found that Penny Lane Entertainment, the owner of the nightclub, failed to demonstrate that the collection of this type of personal information would in fact address this issue. The complaint was filed by the author of this summary, Deeth Williams Wall summer student Nyall Engfield. The decision calls for Penny Lane Entertainment to purge the data that has been collected and cease the practice.  Such a decision is not binding, but if Penny Lane Entertainment does not comply with the finding, then an inquiry that could result in a binding order will be launched. Also see: http://makeashorterlink.com/?Y3C62502C. From a Summary by Nyall Engfield in E-TIPS, a publication of Deeth Williams Wall LLC. E-Tips is edited by Richard Potter QC . To review past issues of the E-TIPS ® newsletter, visit: http://www.dww.com/newsletter/archive.html

Leeds Coroner records a verdict of accidental death in stage dive tragedy
Artists , Health & Safety , Live Events / December 2005
UK

HEALTH AND SAFETY Artists, Live Concert industry The Leeds Coroner, David Hinchcliffe, has recorded a verdict of accidental death after the inquest into the death of Patrick Sherry, 29, frontman of Bad Beat Revue and a married father-of-two. Sherry jumped up to grab a lighting rig during a gig at the Warehouse in Leeds but fell head-first on to the venue’s solid wood floor on the 20th July 2005. His older brother Brendan, 33, who is also in the band, saw the accident. A witness said: “He put the microphone down and crouched before leaping off the stage, which was about a metre high, and trying to grab the rig. I don’t know whether he caught it or not, but his momentum carried him forward. He went upside down and hit the floor head-first. The whole thing lasted about five seconds. It was horrendous.” Patrick, of Silsden, West Yorks, was taken to Leeds General Infirmary where he died the following morning of head injuries http://www.mirror.co.uk/news/tm_objectid=15775794&method=full&siteid=94762&headline=rock-singer-is-killed-in-stage-diving-stunt–name_page.html http://www.yorkshiretoday.co.uk/ViewArticle2.aspx?SectionID=55&ArticleID=1094715

Centre for Crowd Safety Management is launched
Health & Safety , Live Events / October 2005
UK

HEALTH & SAFETY Live Event Industry The Centre for Crowd Management and Security Studies has been formally opened by the Rt Hon Bruce George MP on the 6th September. The Centre, part of Buckinghamshire Chilterns University College is headed up by live music industry veteran Mick Upton who received an honorary doctorate from the University College the same day. Keynote speakers at the launch were Iain Hill and Professor Chris Kemp. The legal consultant for the Centre is the Law Updates editor, Ben Challis. The Centre was set up to help promote the creation of a safer concert and security environment. The Centre is also endorsed by the Security Industry Authority (SIA) to offer licensed qualifications in the security industry. The Centre has already worked with the ILMC Safety Focus Group to produce the http://www.safety-rocks.org website and has conducted research at the VE Day event in London’s Trafalgar Square, the Red Hot Chilli Peppers concert in London’s Hyde Park, the Robbie Williams concert at Knebworth, the Eminen concerts at Milton Keynes Bowl, and at the Roskilde Festival. The Centre is now looking at safety barriers in conjunction with Mojo Barriers and Professor Kemp added that the Centre is now looking at scientific…

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

UK judicial review finds local authority policy illegal
Health & Safety , Live Events / October 2005
UK

HEALTH & SAFETY Live Music Industry The pub sector has won a landmark legal case against Canterbury City Council in the UK finding that Canterbury’s Licensing Policy is unlawful. Central to the case was that Canterbury’s Licensing Policy was far too prescriptive, set broad blanket conditions on licensed businesses and misled those applying for licences about what they had to do to be granted a licence – in effect the case was that the Council’s Licensing Policy was in breach of the provisions of the Licensing Act 2003. Mr. Justice Richards stated in his ruling, ‘It is sufficient that my judgment speaks for itself, not just to the council [Canterbury] but also to the other licensing authorities whose policies are under examination’. The case highlighted the problem in the licensed trade where a number of local authorities attempted to use their Licensing Policies to impose what are said to be unnecessary and unlawful conditions and regulatory burdens on pubs. The Judicial Review was a joint action taken on behalf of the pub industry by the British Beer & Pub Association, The Association of Licensed Multiple Retailers and the British Institute of Innkeeping. Government figures now show that 86% of premises…

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…

Nugent claim limited to concert fee and direct loss
Artists , Contract , Live Events / May 2005
USA

CONTRACT Artists, Live Music Industry Ted Nugent has had his claim against the Musekegon Summer Festival limited to the alleged concert fee and direct loss of profit from merchandise after a cancelled show in June 2003. Muskegon Country Circuit Judge Timothy G Hicks refused to allow claims of more than $1 million for future lost income. If Nugent wins his suit, the most that the 56-year-old musician would be eligible to receive is $80,000 plus an estimate of lost merchandising income. Nugent sued the festival in August 2003. He claims his reputation and career were damaged by the cancellation of his June 2003 show and a subsequent news release from the festival that, he says, wrongly accused him of making racist remarks during a live interview on Denver radio station KRFX-FM in May 2003. Nugent’s denies making such remarks. His longtime personal manager, Doug Banker testified this week that he negotiated with festival officials for an $80,000 performance fee for Nugent but there was no signed agreement. Banker said oral agreements were the norm in the concert business. See: http://www.detnews.com/2005/metro/0503/27/metro-129413.htm andhttp://www.myplainview.com/APTexas/parsed/stories/D89285MO0.shtml

Does European decision herald true pan-European tax accounting?
Artists , Live Events , Taxation / May 2005
EU

TAXATION Artists, Live Concert Industry Marks & Spencer Plc v Halsey (Inspector of Taxes) European Court of Justice C446-03- The Advocate General of the European Court of Justice had held that UK tax law, which allows group tax relief for losses in the UK only and does not allow a firm to deduct the losses of foreign subsidiaries, is in breach of EU law. Miguel Poiares Maduro, recommended that Marks and Spencer be allowed to offset losses made at its foreign subsidiaries against its tax burden in Britain. He said British tax law was in breach of EU law by refusing to allow companies to offset tax losses from overseas subsidiaries against British profits. “The principle of territoriality cannot justify the current restriction” he said adding that a blanket restriction on this practice far exceeds what is necessary to protect the cohesion of the British tax system. The advocate general said the only condition should be that losses from foreign units would not also receive fiscal benefits in the states abroad. Germany, France, the Netherland, Greece, Finland and Sweden all backed the UK Government’s position fearing they will have to repay billions of Euros if the court finds in favour of Marks &…

Cypriot event organisers pay up for music use
Cyprus

COPYRIGHT Live Event Industry, Music Publishing The Nicosia District Court has awarded the Performing Right Society (PRS) 40 in compensation after event organisers arranged four dinner balls with live music without acquiring the requisite licence for publicly performing copyrighted music either mechanically or live. Judge Alecos Panayiotou found in favour of the applicants, awarding them 12 per cent of the revenue raised from ticket sales for the dinner balls. The PRS noted that the organisers could have got away with paying half that amount using a special discount price if they had acquired the licence from PRS before the public performances. The judge noted in his conclusions that the plaintiffs could have sued for more since the defendants had been warned early on about the need to acquire a licence. Source: Cyprus Mail – www.cyprus-mail.com/news/main.php?id=18546&cat_id=1

The UK’s Security Industry Authority warns of low levels of applications by door supervisors but also admits to its own delays
Health & Safety , Live Events / April 2005
UK

HEALTH & SAFETY Live Industry The Security Industry Authority has warned that inaction by door supervisors in the South East and London may force pubs and clubs to close if licensees cannot employ enough licensed door staff. Insufficient numbers of the South East’s door staff have applied for their new door supervisor licence. However pubs, clubs and venues have countered the SIA’s press announcement saying that numerous staff have applied for badges but the SIA’s own examiners are far too slow in coming back with results for applicants, slowing the whole process down. From 28 February in the South East region and from 11 April in Greater London it will be a legal requirement for all door staff to hold a new Security Industry Authority (SIA) door supervisor licence. All local authority registration schemes will cease. There has been widespread publicity of the new licensing scheme, and door staff in the South East of England have been able to apply for their new licences since 25 October 2004. The SIA commented that “The South East and London benefit from a vibrant night-time economy and the public deserve a high level of service from door staff when they go out to…

EU Council of Ministers recognises withholding tax problems
Artists , Live Events , Taxation / April 2005
EU

TAXATION Artists, Live Industry The EU Council of Culture Ministers has decided to “solve the obstacles caused by the taxation of mobile artists”. They have included this item as Paragraph 5 of their Work Plan for 2005-2006. Dick Molennar, a Dutch tax advisor with All Arts Tax Advisors commented that “this is an important step forward, because the EU now recognizes officially the issue of taxation of international artists as a problem to be solved. The Dutch Ministry of Culture has been very active during the Dutch presidency of the European Union (July – December 2004) to push this decision through. We hope that the English presidency of the EU (July – December 2005) can develop this subject further.” German Tax expert Dr Harald Grams and Mr Molennar chaired a EU conference in Rotterdam in October 2004, that made the recommendation for the EU Council of Culture Ministers to progress in this manner and both are members of the International Live Music Conference (ILMC) Tax Working Group.

Patti LaBelle brings claim for non-payment of appearance fees
Contract , Live Events / April 2005
USA

CONTRACT Live Event Industry Patti Labelle (nee Patricia Edwards) has brought an action through her management company, Pattonium Inc, against an American promoter Kensey Wright and Fifth Degree Entertainment after she was promised $150,000 to perform at the annual football classic between N.C. Central University and N.C. A&T University during the summer of 2003. She alleges that she was told that a portion of the money from the concert would go to scholarships. She also says she was led to believe that travel and hotel expenses for herself, her band and her stage crew would be covered. The suit is for breach of contract, unjust enrichment and fraud and filed in Chesapeake Circuit Court. Wright, through his attorney, Bernard T. Holmes, denies the allegations. Holmes described the event as a charitable concert that lost money but is quoted as saying “Putting on any concert is an undertaking,” he said. “Anything can go wrong at any time.” According to the lawsuit, Labelle arrived at the RBC Center in Raleigh on August 29th 2003, and performed, even after she realized she would not be paid in full, according to the lawsuit to entertain fans. LaBelle was to be paid $75,000 before the…

Noise fines in New Jersey and Toronto
Health & Safety , Live Events / April 2005
Canada
USA

HEALTH & SAFETY Live Music Industry A New Jersey state appeals court has rejected a bid by the former owner of the Clarksburg Inn to overturn two convictions of violating the township’s anti-noise ordinance, ruling that such terms for noise as “loud,” “unnecessary,” and “unusual” don’t have to be defined by decibel levels. A 2003 trial before Municipal Court Judge Debra Gelson resulted in $1,250 in fines and $60 in court costs for summonses issued to the restaurant by the State Police, which provides police coverage to the township. The decision was upheld on an initial appeal to the Law Division of Monmouth County Superior Court. Roger Weltner, one of three witnesses at the municipal trial, testified that he lives 81 feet from the Clarksburg Inn and endured ongoing disturbances because of loud music. Weltner said he called police three times to complain on the night of Feb. 1, 2003. A three-judge panel of the Appellate Division of Superior Court wrote in its decision last week that attorney Richard J. Simon’s main argument for vacating the convictions that the township ordinance is unconstitutional because its definition of noise is vague was “unpersuasive.” Though 46 New Jersey municipalities regulate noise based…

UK pub’s breach of noise order results in 00 fine
Health & Safety , Live Events / April 2005
UK

HEALTH & SAFETY Live Music Industry Noise from a UK public house which was so loud that a shelf in a nearby home was “clearly vibrating” has resulted in a 00 fine for the licensee. Mid Suffolk District Council area environmental health officers visited a home in Debenham at around 9pm on August 10, 2003, after receiving a complaint about the level of noise from the Cherry Tree pub, where music was being played. There had been previous complaints about noise from the pub and a noise abatement order had been issued in October 2003. The Environmental Health Officer, Eric Foxton, told the court that in his opinion “the level of noise was a nuisance and it was taking away from that family the ability to enjoy their property.” Magistrates decided there had been a breach of a noise abatement notice, and fined licensee Zoe Hearn 00 and ordered her to pay prosecution costs of 48 in her absence after hearing evidence from Mr Foxton and householder John Bridges. Mr Foxton told the court that he set up noise monitoring equipment in Mr Bridges’ garden during an event at the pub in August 2002. Over two five-minute periods he found…

The European Live Music Forum Launches at ILMC
Legislation , Live Events / April 2005
EU

LEGISLATION Live Music Industry The European Live Music Forum (ELMF), first announced at the Noorderslag Seminar in Holland had its foundation meeting in London at the seventeenth International Live Music Conference in London on the 10th March 2005. The ELMF, currently was proposed by eight associations including Europe wide festival association Yourope, The Concert Promoters Association (CPA), the Agents Association, Network Europe and the International Music Managers Forum (IMMF) will try and identify issues, themes and objectives and formulate a constitution over the next few months but will hope to make a preliminary announcement at the ILMC. An invitation has been extended to all national and Europe wide live music, festival and cultural events to be involved with the ELMF. More groups and associations have been invited to join to give the Forum broad based European wide industry support. See: http://www.ilmc.com

ILMC calls for European legislation to govern ticket re-sales
Health & Safety , Live Events / April 2005
EU

HEALTH & SAFETY Live Event Industry European promoters and venues aired their worries about the secondary market in concert tickets at the seventeenth annual International Live Music Conference. Conference speakers highlighted events such as 3A’s Kylie Minogue and Cream concerts and Glastonbury where prices quoted by ticket touts and on auction website Ebay have risen to many multiples of original face values. Most European speakers at the ILMC said that there was nothing to prevent concert ticket re-selling in their territories. In the UK it is only a criminal offence to resell football tickets and the rise of Ebay had led to a rise in re-selling – not just by touts but by members of the public. Most delegates felt that legislative action was the only way forward. The position is different In the USA on a state by state basis where ticket reselling or ‘scalping’ can be prohibited. Ticket broker Chris Lipton has agreed to pay $30,000 to settle a lawsuit brought by the state who alleged that that he scalped tickets to a benefit concert featuring Bruce Springsteen. Under a deal announced Monday by the state Division of Consumer Affairs, $7,500 of the settlement money would go to…

Italian DJ receives massive fine for using pirate music files
Italy

COPYRIGHT Record Labels, Music Publishers, Artists, Internet, Live Concert Industry An Italian DJ has been fined a record E1.4 million for using hundreds of pirate music files in a well-known local nightclub near Rome. The DJ was discovered with more than 2,000 mp3 music files suspected to be illegal downloads and 500 pirated video clips. The fine, set by the Italian Fiscal Police of Rieti (Rome), is the biggest fine to be imposed on an individual in Europe to date for the unlawful copying and use of copyrighted music in the mp3 format (the fine is subject to administrative recourse). The DJ may be subject to further criminal sanctions. The police operation, targeting radio stations and clubs around the region, was led by the Fiscal Police. In addition to the mp3s and music video clips found, a large quantity of audiovisual material and software were also seized. Source: www.ifpi.org

Office of Fair Trading reviews ticket pricing
Competition , Live Events / March 2005
UK

COMPETITION Live Event Industry A shake-up in the way concert and theatre tickets are sold was announced yesterday after The Office of Fair Trading said the public are not getting clear information on prices. Even legitimate agents are sometimes charging as much as two-thirds on top of the face value of a ticket according to the OFT research. In future it would like advertisements for events to show the face value of tickets. The OFT uncovered evidence of some ticket sellers breaking the law and employing “potentially unfair” terms and conditions, and mark-ups as high as 600% on some tickets sold over the internet. The watchdog also revealed just how much fees can add to the price of a concert or West End show ticket. A comprehensive mystery shopping exercise, looking at the cost of tickets for everything from West End hit Chicago to a gig by up-and-coming rock band Hope of the States, found that some people using well-known agencies were being asked to pay up to 67% extra to cover booking fees. Among the OFT findings were that some ticket agents were relying on “potentially unfair” terms and conditions buried in the small print, designed to allow them…

Court of Appeal rule on unlawful discrimination: Ross v Ryan Air & Stanstead Airport (2004)
Health & Safety , Live Events / February 2005
UK

HEALTH & SAFETY/DISCRIMINATION Live Events Industry The Court of Appeal held that the policy of the Disability Discrimination Act 1995 was to provide disabled persons with access to services as close as it was reasonably possible to get to the standard normally offered to the able bodied. Here the Court ruled that Ryanair had discriminated against the appellant, Mr Ross, who suffers from cerebral palsy and arthritis, contrary to part III of the Act. Ryanair insisted on charging for the use of a wheelchair to get from check in to the aircraft each time the service was used. Ryanair accepted that Mr Ross had been the victim of unlawful discrimination but contended that Stanstead Airport should also be liable. Mr Ross appealed on those grounds and the Court found that the Airport could not escape liability and was guilty of unlawful discrimination contrary to section 19(1)(b) of the 1995 Act. Source: Times Law Reports 11 January 2005

German court find promoter liable for damaged hearing
Health & Safety , Live Events / February 2005
Germany

HEALTH & SAFETY Live Events Industry Leading German concert promoter Marek Lieberberg Konzertagentur (MLK) has been ordered to pay four thousand Euros (E4,000, approx 00) to a woman who claimed her hearing was damaged at a Bon Jovi concert four years ago. The company must also pay medical expenses and loss of income. The Court said that MLK had failed to take sufficient precautions to limit the volume of the outdoor concert in 2000. The injured woman said she was standing 2.5 metres from a speaker and now suffered from tinnitus. This case contrasts to an earlier US ruling which held that a promoter could not be liable for the alleged damaged hearing of a plaintiff lawyer who should have realised that loud music was played at rock concerts. In a separate report, the UK’s Royal National Institute for the Deaf (RNID) and Trades Union Council, have said that over 500,000 bar and club workers in the UK are at risk from loud music played at their places of work. The report, ‘Noise Overload’, states that the noise in some nightclubs is comparable to being next to an aircraft taking off and that not enough is being done to protect…

Jury orders booking agent and artist lawyer to pay damages of $1.6 million
Contract , Live Events / January 2005
USA

CONTRACT Live Music Industry In an unusual decision a US jury has awarded a damages of US$1.6 million to promoters of a cancelled Rod Stewart tour and ordered the return of a $780,000 deposit held by Mr Stewart as compensation. The Los Angeles jury found in favour of concert promoters in Peru, Argentina (including the Vina del Mar Festival) and for Oklahoma based promoters PM Group. The damages order was made against Rod Stewart’s lawyer and his then booking agency, ICM. The dispute related to a 9 date tour of South America planned for February 2002. The deposit was against a total $2.1 million fee which was cancelled in February. The tour was cancelled after disputes regarding the contract which the claimants have said contained new terms and was negotiated by Mr Stewart’s lawyers rather than ICM. New provisions included new costs for the promoters including the provision of hotels, airfares and frieght costs. However it was ICM who held the tour deposit and cancelled the dates when the balance of the outstanding tour fee and executed contract were not forthcoming. The decision will be appealed. Source : Audience Magazine, December 2004, Issue 58

Reggae Star refused entry to UK
Health & Safety , Live Events / December 2004
UK

HEALTH & SAFETY Live Concert Industry Jamaican reggae star Sizzla Kalomji has been refused entry to the UK. Sizzla’s lyrics which are allegedly homophobic are under investigation by the police. The singer has also allegedly supported the burning of homosexuals and murder of all white people. He was banned form the UK by Home Secretary David Blunkett. Source : The Times, 5 November 2004

House of Lords restricts occupiers liability for accidents: Tomlinson v. Congleton Borough Council and others(2004)
Health & Safety , Live Events / December 2004
UK

HEALTH & SAFETY Live Event Industry The House of Lords has made an important decision limiting the liability of occupiers: This case arose out of a tragic accident at Brereton Heath Country Park, between Holmes Chapel and Congleton. The Park covers about 80 acres and owned by Congleton Borough Council since 1980 when the council acquired the land surrounding what was then a derelict sand quarry and laid it out as a country park. The Park is managed by Cheshire County Council. On a very hot 6th May 1995 18 year old John Tomlison and some friends went to the Park and to cool of Tomlinson dived into the lake and his head hit the bottom, broke his fifth vertebrae and is now a tetraplegic. The majority of the Court of Appeal (Longmore LJ dissenting) had allowed an appeal from the decision of Mr Justice Jacks and held that the defendants were liable for a claim in occupier’s liability. However the House of Lord robustly criticised the majority decision in Court of Appeal and all five Law Lords found that no liability was owed to the claimant, upholding the original judgement of Jacks J and supporting the position of Longmore…

Club Doorman Charged With Murder
Health & Safety , Live Events / November 2004
UK

HEALTH & SAFETY Live Event Industry A doorman at London’s Stringfellows nightclub has been charged with murder after an incident at the West End venue on Friday 8th October. George McDonald from Warwickshire died of a head injury after the incident. Doorman Marcus Marriott, aged 32 and from London, will appear before Magistrates at Bow Street today (11th October). New licensing procedures for door supervisors in the UK are currently being rolled out by the new Security Industry Authority and will be implemented in London by April 2005.

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…

Club Doorman Cleared of Manslaughter
Health & Safety , Live Events / October 2004
UK

HEALTH & SAFETY Live Event Industry A club doorman has been cleared of killing a sports teacher at the Central Criminal Court in London. The doorman, 29 year-old former reserve soldier Robert Demitrou, was charged with killing Philip Mesner who hit his head after being knocked down by Demitrou outside the Roadhouse venue in London’s Covent Garden. But Old Baily Judge Peter Fingret held that the defendant had no case to answer after determining that the blow was a shove (a push) rather than a punch. Mr Mesner, 31, had been out celebrating with teaching colleagues in July 2003 when he was asked to leave the venue but continued to remonstrate outside. The defendant had denied manslaughter which has two forms in English law. Voluntary manslaughter is where the defendant has caused the death of the victim and has the necessary intent for murder BUT can establish a defence in law; these defences include provocation and diminished responsibility. Involuntary manslaughter involves the defendant causing the death of the victim but the defendant does not have the necessary intent for murder; the death must result from either an unlawful criminal act (constructive manslaughter), from the recklessness of the defendant or from…

New Door Supervisor Licences Come Into Effect
Health & Safety , Live Events / October 2004
UK

ARTICLE : HEALTH & SAFETY Live Concert Industry The PRIVATE SECURITY INDUSTRY ACT 2001. THE PRIVATE SECURITY INDUSTRY (LICENCES) REGULATIONS 2004. by Ben Challis Variation in the quality of regulation and licensing of the private security industry in the United Kingdom and a small but noticeable criminal element within the industry led to the passing of the Private Security Industry Act 2001 (the Act), the Private Security Industry (Licences) Regulations 2004 and the creation of the SIA, the Security Industry Authority. The SIA has the remit to regulate and licence the private security industry in England and Wales and aims to ensure that there are professional, trained and qualified door staff working at all licensed pubs and clubs. An estimated 85,000 door supervisors and staff now have to or will have to have a SIA licence to work in licensed premises (as defined under the Licensing Act 1964). The Act defines a door supervisor as those whose work is limited to licensed premises and includes guarding against unauthorised access or occupation or against outbreaks of disorder or screening the suitability of people entering premises when they are open to the public. The door supervisor licences are being introduced on a regional basis with over half of…

Publican Escapes Prison After Repeatedly Failing to Obtain a PRS Licence
Copyright , Live Events / September 2004
UK

COPYRIGHT Live Event Industry A licensee has escaped a possible prison sentence after repeatedly failing to take out a Performing Right Society (PRS) music usage licence. Tim Doyle, who runs Doyle’s Tavern, in Holloway, London, was taken to the High Court for failing to comply with a court order following persistent infringement of copyright in PRS members’ musical works since 1998. Doyle agreed to take a PRS licence for his premises and to pay a total of 71.24 in respect of PRS royalties for the period 6 July 1998 to 5 July 2005. The court ordered he also pay PRS’s legal costs totalling 056.50. The court warned Doyle of the consequences of not complying in the future with Court orders saying “If a breach of the court order happens again, prison is a live possibility. Orders of the court are to be obeyed; if not, certain consequences follow.” See : http://www.thepublican.com/cgi-bin/item.cgi?id=14212&d=32&h=24&f=23&dateformat=%25o%20%25B%20%25Y

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…

Beenie Man Show Cancelled Over Homophobic Lyrics
Health & Safety , Live Events / August 2004
UK

HEALTH & SAFETY Live Event Industry A London concert by Jamaican dancehall star Beenie Man was cancelled after complaints it might provoke violence towards gay men. Police spoke to Beenie Man after a complaint that some of his songs contain “lyrics that are an incitement to homophobic murder and violence”. The performer, real name Anthony Davis, was due to appear at the Ocean club in Hackney in East London which cancelled the show on the grounds of concerns for public safety after talks with police officers. The performer was not arrested or spoken to under caution and it is reported that the police did not ask for the concert to be cancelled. Beenie Man was among Mobo-nominated performers included in a dossier presented to Scotland Yard’s Race and Violent Crime Taskforce by gay rights campaigners last September. Refunds have been offered to those with tickets for the show. See : http://news.bbc.co.uk/1/hi/england/london/3838975.stm

Scottish Ticket Counterfeiter Spared Jail
Live Events , Trade Mark / August 2004
UK

TRADEMARK Live Event Industry A Scottish judge has told a man that he undersold fake tickets for Celtic’s Uefa Cup game in Seville last year. Sentencing Alan Cloughley to community service, Sheriff Deirdre MacNeill QC said the forged tickets were of a convincingly high standard but she remarked that Cloughley, who sold each ticket for £5, could have got more than ten times that amount. The 23-year-old economics graduate was caught by police at his Glasgow home just days before the game. Glasgow Sheriff Court heard that Cloughley produced and sold hundreds of fake tickets for Celtic’s Uefa Cup Final clash with FC Porto. He appeared for sentence on Friday having earlier admitted two breaches of the Trade Marks Act. Sheriff MacNeill said it had been a “sophisticated and well planned operation” but the court heard that people who bought tickets from Cloughley were aware that they were fakes. Sheriff MacNeill said the seriousness of the offence warranted a prison sentence, but she was prepared to order him to do 260 hours of community service. Acting on a tip-off, police raided Cloughley’s home and seized 291 tickets and £300 in cash. He claimed he bought a legitimate ticket and copied…

UK Court of Appeal Limits Liability for Independent Contractors
UK

HEALTH & SAFETY Live Concert Industry Payling v Naylor t/a Mainstream In a welcome judgement, the Court of Appeal have limited the liability of venue owners, promoters and nightclub’s to ensure that their contractors have public liability insurance. In Payling v Naylor (Times Law Reports, 2 June 2004) the Court held that whilst there was a duty on a club owner to take reasonable steps to ensure that any contractor engaged security services was competent, there was no free-standing duty, except in exceptional circumstances th ensure that the contractor had public liability insurance. In the earlier decision of Bottomley v Secretary & Members of Todmorden Cricket Club (Law Updates November 2003) the court had held that there was a duty on a venue owner who allowed dangerous practices on his land (pyrotechnics) to ensure that a subcontractor was had public liability insurance. The Court of Appeal in this case could understand that the lack of public liability insurance might be a relevant factor in assessing the competence of a contractor; However and overturning a judgement by Judge Murphy QC, the Court felt that as the security firm were licensed, accredited and approved under a scheme operated by the local authority and the police. The…

Sony Staff Spared Anti Social Behaviour Orders
UK

HEALTH & SAFETY Record Labels, Live Music Industry Camden Council in London is taking on music industry bosses over flyposting and the Council are aiming to bring Anti Social Behaviour Orders (ASBO) against music industry bosses, claiming they have received more than a thousand complaints about the posters which are placed across the borough. Camden is one of the main focus points for alternative music in London, and is famous for its live music venues like The Barfly, Electric Ballroom and Underworld. The Council has targeted two of the majors, Sony and BMG. Sony Music chiefs have escaped Anti Social Behaviour Orders (ASBO) after promising not to commission any more illegal fly posting and the actions against Catherine Davies and Jo Headland have been withdrawn at Highbury Corner Magistrates’ Court. However, BMG executives have not responded and now face the likelihood of court action and penalties if found guilty. The executives will be facing summons on the basis that flyposting has been defined as causing “harassment, alarm or distress” and so can be actioned under the Public Order Act 1986. Both Sony and BMG denied being involved in illegal flyposting. The sanctions ultimately extend to the possibility of a five-year prison sentences. Camden…

Disability Discrimination Act to Extend to Venues and Club Premises
UK

HEALTH & SAFETY Live Event Industry The UK’s Disability Discrimination Act 1995 requires service providers to make ‘reasonable adjustments’ so that disabled patrons can use their premises. From 1 October 2004 this provision will be extended to the physical structure of buildings. Operators now must consider how physical barriers to disabled patrons can be removed or how alternative arrangements can be made. The Disability Rights Commission has said that it will back access cases after October although with 8 million disabled people in the UK with a huge spending power one would hope that venues would be proactive in making improvements. There are no tax breaks for structural improvements although there are for moveable items such as ramps and providing toilets for disabled persons is zero-rated for VAT. See : http://www.timesonline.co.uk/law and http://www.musictank.co.uk/attitude.htm

New Trade Mark Act in Czech Republic
Czech Republic

TRADE MARK Record Labels, Music Publishers, Artists, Merchandising, Live Event Industry, Television, Internet As of April 1st 2004 a new Trademark Act (No.441/2003) will come into force in the Czech Republic. Although the structure of the Act has been considerably amended, there are only limited substantive changes in the law. However there are completely new are provisions concerning Community Trademarks, which will be automatically extended to the Czech Republic with the date of its accession to the European Union (these provisions will come into force as of May 1st 2004). The most important amendments are detailed in an article by Almut Rohnstock and a link is provided below. The definition of trademarks (Art.1) has been slightly amended, now including the possibility of colour trademarks; Art.2 now regulates which trademarks are able to claim protection in the Czech Republic, including CTMs and well-known trademarks according to Art.6 of the Paris Convention. Community Trademarks with seniority may also claim older rights (Art.3). Grounds for refusal ex officio (Art.4) as well as grounds for opposition (Art.7) and nullity (Art.32) newly include applications filed in bad faith. The provisions concerning oppositions and nullity (Art.7 and 32) based on known trademarks have been reformulated and expanded; the…