Licensed Music Censors

Venues in England and Wales with a capacity of under 200 people no longer need a licence for live music, as long as it is not late at night. The change in law is part of a government move to free businesses from a little of the mass of red tape. Live unamplified music can also now be played in any location, regardless of the audience size, under the act.

However, the government has made it clear there would be no changes on the rules controlling gatherings of more than 5,000 people, boxing and wrestling, and events such as lap-dancing clubs classed as sexual entertainment.

Musicians and business owners have welcomed the change, which will allow live music to be played between the hours of 08:00 and 23:00. Jazz musician Buster Birch described the change as a huge thing , adding that live music is very important for our society and our culture .

UK Music, which represents the music industry, estimates that the Live Music Act could enable 13,000 more venues to start holding live music events.

Business Minister Michael Fallon said:

From today businesses are freed from the red tape that holds them back.

He described the previous rules that affected pub gigs and small live performances as over-the-top bureaucracy that stifles community groups and pubs.

We've set ourselves the challenging target of scrapping or reducing a total of 3,000 regulations. I'm determined to slim down regulation and make Britain an easier place to start and run a business.

The change was introduced through a private member's bill, introduced by Liberal Democrat Don Foster. The success is a relatively rare example of a House of Lords private member's bill making it into law.

A private member's bill, introduced by Liberal Democrat Don Foster, will lift some of the state control and restrictions imposed on gigs by the 2003 Licensing Act.

The changes will mean that a licence will no longer be required for unamplified live music taking place between 08:00 and 23:00, and for amplified live music taking place between the same times before audiences of no more than 200.

The bill passed unopposed and will have to go back to the House Of Lords on the 10th of February before becoming law.

The MP from Bath was steering the bill through the House Of Commons on behalf of his Lib Dem colleague, Lord Clement Jones. The success is a relatively rare example of a House of Lords private member's bill making it into law.

Foster explained:

It was said the Licensing Act 2003 was going to lead to an explosion of live music but, in the event, in small venues it was drastically cut.

We saw village halls, school halls, pubs and clubs reducing the the amount of live music, not increasing it.

Hopefully the bill, when it comes into law, will reverse that.

Separate to the private member's bill, the government is conducting its own review of the Licensing Act.

Pubs, clubs and other small venues offering live music would no longer have to apply for an entertainment licence, under government proposals.

The plans, submitted for public consultation, would apply to premises in England and Wales with a capacity of under 5,000. Ministers say the changes could also apply to school and charity events.

Licences would still be required for boxing, wrestling and sexual entertainment, and the rules on alcohol supply and sales would not be affected.

The Department for Culture, Media and Sport said the Licensing Act 2003 removed the so-called two-in-a-bar rule, which had allowed two musicians to perform in a pub without needing an entertainment permit, and this was one example of how it ended up potentially criminalising a harmless cultural pastime .

Tourism Minister John Penrose said changes could provide an important source of new income to struggling businesses such as pubs, restaurants and hotels . He said extra costs and red tape had also been imposed on school plays and discos where ticket sales went to Parent Teacher Association funds, Punch and Judy shows, street artists, park brass bands and restaurant pianists.

Penrose added:

Before we press ahead, it's important we get the views of those working in the industry, and to make sure that the principles of public safety, prevention of public nuisance and the protection of children from harm are safeguarded.

Our starting point is a simple one: If there's no good reason for any of the rules and restrictions in this important area, our presumption should be to scrap them.

Pubs and clubs wanting to offer live music would no longer be forced to apply to the local council for an entertainment licence under a planned deregulation aimed at supporting grassroots music.

The proposal is part of a government consultation to be unveiled by John Penrose, the tourism and heritage minister, amid warnings that small venues have been abandoning live music because of the bureaucracy introduced by the 2003 Licensing Act.

Feargal Sharkey, chief executive of UK Music, which represents the UK's commercial music industry, said:

We're optimistic that this will be positive news for the industry, and especially for emerging talent. I'd wager that all of yesterday's Mercury music prize nominees started their careers playing in pubs or clubs. In the meantime, we'll have to wait for the actual detail of the consultation, and under what specific circumstances the requirement for a music licence would be removed.

Parliamentarians have been calling for several years for the restriction to be removed. Prior to the 2003 Act, a two-in-a-bar exemption existed, allowing venues of any size to put on a performance of acoustic music by one or two musicians without the need for a licence.

However, the ministerial proposals are understood to go further than that. Large venues with a capacity of more than 5,000 would continue to be subject to premises licensing as before, but small venues would save on average £ 1,600 a year and be freed of the requirement to register with the council.

Police have defended their use of a controversial form that requires live music venues to hand over details of performers, promoters and fans.

The Met introduced the risk assessment form 696  identify gigs where they claim trouble might flare up, partly in response to black-on-black violence.

But it has been criticised for being heavy-handed and racially motivated.

The Met claimed the form had played its part in an 11% drop in serious violence in licensed premises in 2008.

Thomas Bowen, head of the Met team that deals with Form 696, said: A co-ordinated effort, and 696 assisting the process of identifying potential gang conflict, is undoubtedly contributing towards that reduction of shooting incidents in licensed premises.

Around 70 London pubs and clubs are currently required to complete the form. It asks for the names, dates of birth, addresses and phone numbers of promoters and artists, for details of the target audience and for the style of music, eg bashment, R'n'B, garage.

It recently came in for criticism from the House of Commons Culture select committee, which recommended that the form be scrapped, saying it imposed unreasonable conditions on events and goes beyond the Licensing Act.

It has also come under fire from Feargal Sharkey, former Undertones singer and now head of UK Music, an umbrella body that represents the British music industry: It needs to be abolished. It is now quite clearly beginning to have an impact in certain musical types and genres within the London area.

Last autumn, a concert to raise money for a teenage cancer charity was cancelled on police advice because the performers refused to give their personal details on the form, Sharkey said.

Earlier this month, a gig called Project Urban at the O2's Indigo venue was to have hosted some of the biggest names in UK hip-hop, including Tinchy Stryder, Wiley and DJ Ironik, but was called off.

There is no suggestion that those acts had been associated with any trouble. The promoters said police deemed it higher risk because they had not included the dates of birth of a couple of artists.

Jon McClure, singer with indie group Reverend and the Makers, has claimed the form is racist because it targets black audiences, and has started a petition against its use.