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28th June 2007 From Jessa Jowell (Minister of Culture under Tony Blair) to Peter Hain MP Re: Public Entertainment Licensing Act (2003) The Government agrees music and dance should not be restricted by unnecessary licensing regulations, but we do not believe the current licensing regime is damaging these sectors, or that the current regulations are unnecessary. Recent research has indicated that most venues wanting to put on live music have secured a licence to do so, and very few highlighted licensing requirements as a barrier. The Licensing Act 2003 has removed unnecessary bureaucracy, such as the need to renew licences or apply for several different permissions to put on events. The Act has also replaced the “two in a bar rule”, which restricted the number of musicians who could perform on licensed premises, with a system that allows more diverse entertainment to take place. I understand that many music clubs are private gatherings, which do not require a licence unless a public audience is in attendance, or a private audience is charged with the intention of making a profit. If a premises licence has no provision for licensable entertainment, a variation can be applied for or permission granted under the light touch system for temporary events. Your constituent may be aware that in 2004 the DCMS established the Live Music Forum ro help maximise the take-up of reforms in the Act relating to live music to promote the performance of live music; and to monitor the impact of the Act on live music. The LMF has been looking at many of these issues in some detail and is due to make its final recommendation to Ministers shortly. You can read more about the Live Music Forum on our website at: www.culture.gov.uk?what_we_do/Creative_industries/music/live I hope this information may be helpful Tessa Jowell |
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26th June 2007 From MP Shaun Woodward to June Clark Re: Public Entertainment Licensing Act (2003) "With the help of my MP, I have today received a lengthy response from Shaun Woodward MP, Minister for Creative Industries and Tourism....." It reads as follows: "Thank you for your letter of 11th May to Tessa Jowell on behalf of Mrs. June Clark, You have enclosed a copy of a report prepared by Mrs. Clark which expresses concern about the impact of the Licensing Act 2003 on live music. I am responding as Minister responsible for Licensing. The Government agrees music and dance should not be restricted by unnecessary licensing regulations, but we do not believe the current licensing regime is damaging these sectors, or that the current regulations are unnecessary. The Licensing Act 2003 has removed unnecessary bureaucracy, such as the need to renew licences or apply for several different permissions to put on events. Recent research has indicated that most venues wanting to put on live music have secured a licence to do so, and very few highlighted licensing requirements as a barrier. The Licensing Act 2003 places a greater responsibility on those who are licensed to sell alcohol to show how they intend to promote the four licensing objectives: public safety, the protection of children from harm; the prevention of public nuisance and the prevention of crime and disorder. The Government strongly believes that all premises which sell alcohol should be licenced, irrespective of whether regulated entertainment is provided. Fee levels have been set by Government to avoid inconsistencies. However, the fee for a premises licence is the same whether an applicant applies to sell alcohol or decides to apply at the same time to put on live music. We have always maintained that even one musician is capable of creating noise nuisance, especially with modern amplification. The need to prevent public nuisance and to ensure public safety, together with the unfairness of an exemption which discriminated against larger numbers of musicians, led to our aboloshing the two-in-a-bar-rule. Under the Act, any performance of live music and any playing of recorded music is licensable (the Act does not discriminate in favour of recorded music) and broadcast entertainment on its own does not normally impact on the licensing objectives. It is only where it is combined with the sale of alcohol and football that problems can arise and these occasions can be dealt with through separate powers. Live music performances have the potential for public safety and public nuisance issues regardless of whether people have been drinking or not and not necessarily in proportion to the number of performers. Just because certain activities are traditional does not mean they are low risk. The 2003 Act is there to ensure a proper assessment of these activities is made, and appropriate conditions attached to protect the public. Our simplification plan sets out some areas where we think we can relieve the regulatory burden without incurring risks to the public. Schools and sixth form colleges will require a licence to stage regulated entertainment to which the public is invited of where a fee is charged and with a view to profit. However, they are exempt from the fees associated with the authorisation of regulated entertainment where the entertainment is provided by and at the school or college and for the purposes of the school or college. If the public was not invited and a charge made to a private audience (like family and friends) just to cover costs - and not to make a profit - then a licence would not be required. Music tuition, either in private or in schools does not require a licence as the music (and the premises) is not being provided for the entertainment of an audience, but for the purpose of educating those present. Most carol singing is either spontaneous, incidental to other activities or part of a religious service and is usually not, therefore, licensable. However, some carol concerts may fall into the definition of regulated entertainment - for example, a concert with an audience. If in doubt, organisers should contact their licensing authority. If a carol service is organised, advertised and provided for an audience there would seem to be little doubt that this would be licensable. However, a group of carol singers (players) outside a shop could be construed as incidental to the activity of people going about shopping and therefore exempt from the requirement for a licence. It would make no difference whether or not they were seeking voluntary contributions to charity from passers by. This is different from a scenario where a shopping centre or individual business has organised a carol performance for an audience in a shopping mall which would require a licence or a temporary event notice. Under the 2003 Act, there is no distinction between the singing of religious or secular carols unless the carols were performed as part of a religious service or in a place of public worship, which would not then require a licence. It should be remembered, of course, that it is for licensing authorities to interpret the Act and to determine whether or not specific events need a licence. As Mrs. Clark is aware, the Live Music Forum, which was established in 2004 to help maximise the take-up of reforms in the Act relating to live music; to promote the performance of live music; and to monitor the impact of the Act on live music. The LMF has been looking at many of these issues in some details and is due to make its final recommendation to Ministers shortly. You can read more about the Live Music Forum on our webside at: www.culture.gov.uk/what_we-do/Creative_industries/musice/live_music_forum I hope this information will be halpful to Mrs. Clark. Yours, LW " There are no prizes for spotting the contradictions in this Government Email Ed. |
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6th March 2007 More Government information on Public Entertainment Licences (PELs) As stated below, one of our contacts wrote to his MP., Shaun Woodward, who in turn wrote to Tessa Jowell at the Department for Culture, Media and Sport. We promised to publish the reply, which is as follows:- 
We believe that the Licensing Act 2003 will provide increased opportunities for musicians and other entertainers. As Mr Woodward explained, the Department for Culture, Media and Sport is committed to monitoring and evaluating the impact of the 2003 Act on the performance of live music. As part of the monitoring process, we commissioned Ipsos MORI to survey small venues to gauge whether they are benefiting from the new licensing regime. The findings, which can be read or downloaded from our website www.culture.gov.uk under Creative Industries, indicate that musicians are not being disadvantaged by the introduction of the new licensing regime.
However, it is early days and I expect the Forum's final assessment of the effects of the Act on live music later this year, together with its recommendations on how we can further improve opportunities for musicians. Also, this year, DCMS and the Live Music Forum intend to carry out a repeat of the 2004 baseline study of the live music scene in England and Wales. The 2003 Act has been fully operational for over a year and this will provide a measure of the Act's impact on the incidence of live music performance. Should the results of this study show that the Act is having a detrimental impact on live music, we will of course consider making any changes to the licensing regime that are deemed necessary'. Tessa Jowell 5.3.07 |
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23rd November 2006 Latest News on Public Entertainment Licences (PELs) A reader of Keyboardnews.com wrote to his MP - Mr Shaun Woodward, for clarification on PELs, who in turn wrote to the relevant Minister at the Department for Culture, Media and Sport. From his reply we picked out the following bones:- www.culture.gov.uk When we get the reply from the Minister we will also publish that. In the meantime, if your society has any relevant problems we would like to know. 23.11.06 |
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11th November 2003 Copy of the Email received from the Policy Administrator at the DCMS. The guidance to local authorities, a copy of the draft guidance is available on the website will be available to local authorities and this will be the main guidelines for the Act. I must also point out that the Government has agreed to waive the licence fees for village and community halls. Yours sincerely Claire Vickers Policy Administrator DCMS - Department of Culture 27th October 2002 Copy of letter from Richard Caborn MP addressed to Peter Hain MP - Leader of the House of Commons. Thank you for your letter dated 9th October to Lord Mcintosh enclosing one from your constituent C Griffin.... about the Licensing Act and its effect on amplified music. I am replying as the Minister responsiblefor licensing legislation. As you will know the Licensing Bill received Royal Assent on 10th July and is now the Licensing Act 2003 and no further changes can be made to the drafting. I am sorry that your constituent feels that the Licensing Act will unfairly affect the keyboard and music societies, which he organises. As I have mentioned in previous correspondence if these societies take place in a premises which already holds a premises licence, e.g. a public house or village hall or school with a licence, no further licence will need to be sought by the society. Also these societies will only be licensable if the enteratinment provided is considered regulated entertainment under the terms of the Act. The defination of regulated entertainment is listed in Schedule 1 to the Licensing Act which is available on our web site. www.culture.gov.uk We have also given an undertaking that we will review the existing descriptions of entertainment in the Act six to twelve months after the end of the transition period. If the Act has had an unintended disproportionate negative effect on the provision of live music - or other forms of regulated entertainment-, there are powers already in the Act to modify the position through secondary legislation. However we believe that the provisions in the Licensing Act will allow live music and other regulated entertainment to thrive. Yours sincerely Rt.Hon.RIchard Caborn MP Minister for Sport and Tourism 11th August 2003 Copy of letter dated 31st July 2003 from Richard Caborn MP addressed to Peter Hain MP - Leader of the House of Commons. I am sure that you are aware by now that the Licensing Bill received the Royal Assent on 10th July and is now the Licensing Act 2003. I am replying as the Minister responsible for licensing legislation. If the premises where the keyboard society meetings which your constituent describes are held, holds a premises licence which provides for the provision of regulated entertainment then the society would not need to apply for another premises licence or temporary event notice for that premises. As you may know the Government made a commitment to exempt schools and sixth form colleges from the fees associated with the provision of entertainment or entertainment facilities under the licensing regime which the Bill will introduce where the entertainment is provided by the school. Your constituent may be pleased to note that the Bill was amended during its passage to provide a significant concession on unamplified live music. The effect of section 177 of the Act will be to suspend conditions attached to a premises licence or club premises certificate which have been imposed by a licensing authority in respect of unamplified live music in any premises with a capacity of no more than 200 where it is performed between the hours of 8am and midnight. The licence will, however, remain reviewable to protect local residentsand control those few unscrupulous or irresponsible operators who might abuse this concession, damage communities and bring their trade into disrepute. I believe this addresses most of the concerns that have been raised about low-level unamplified music, like folk guitarists in small premises. And the concession is not confined to public houses and so will benefit small folk clubs and village and community halls alike. This builds on an earlier amendment made to the Bill which applies to both amplified and unamplified live music as well as dancing but is restricted to premises used primarily for the supply of alcohol for comsumption on the premises with a capacity of no more that 200. Under section 177 of the Act, conditions attached to a premises licence or club premises certificate which have been imposed by the licensing authority in respect of the provision of the music entertainment are suspended except where they relate to public safety or crime and disorder. Again, the licence will remain reviewable so that the conditions imposed by the licensing authority relating to the other two licensing objectives (the prevention of public nuisance and the protection of children from harm) could come into effect or further conditions could be imposed on review. I appreciate that there are still concerns regarding the licensing of entertainment involving the playing of instruments that require amplification in order to be heard - an electric bass guitar, for example, or electric piano - and therefore cannot benefit from the amendment that relates to unamplified live music. The provisions in the Licensing Act do make it easier and cheaper to stage any kind of regulated entertainment. And under the Act, there is also an exemption for incidential live and incidential recorded music which can apply whether the music is amplified or not. We have also given an undertaking that we will review the existing descriptions of entertainments in the Act six to twelve months after the end of the transition period. If the act has had an unintended disproportionate negative effect on the provision of live music - or other forms of regulated entertainment, there are powers already in the Bill to modify the position through secondary legislation. However we believe that the provision in the Licensing Act will allow live music and other regulated enterrtainment to thrive. Finally, the Department will be setting up a forum, comprising representives of performers, venue operators, local authorities and others whose task it will be to maximise the take-up of the reforms. We believe that the Licensing Act 2003 will increase the opportunities for musicians and other artists to performand make it easier and more affordable to stage live entertainment. > Copy of letter dated 4th July 2003 from Richard Caborn MP 
Certain types of entertainment need to be licensed because they raise issues of public
safety, nuisance, the protection of children from harm and sometimes crime.
We do, however, recognise that the licensing system should be able to take into account
the nature of the entertainment and treat it accordingly. Under the present system local
authorities sometimes attach swathes of standard conditions to entertainment licences
whether or not they are needed. This will not be possible under the new licensing regime.
Major venues staging rock bands would therefore be the subject of more restrictive conditions
than a small pub or club that puts on unamplified music.As you may know the Regulatory Assessment, which accompanies the Bill, estimates that the one-off cost of applying for a premises licence would be between £100 and £500, with an annual charge of between £50 and £150. However, if your constituent is holding a meeting of the keyboard and organ societies in a premises that already holds a premises licence no further licence would be necessary. Furthermore, we have made plain our intention to except church halls, chapel halls or other similar buildings occupied in connection with a place of public religious worship, and village halls, parish or community halls or other similar buildings from the fees associated with the provision of entertainment of entertainment facilities under the licencing regime which the Bill will introduce. Mr Griffin would also be able to benefit from the more informal system of permitted temporary activities under the Bill, which would require a simple notification to the licensing authority and the police for a small fee of around £20. As it stands, the Bill would provide for anyone to be able to notify up to five temporary events per year, or fifty if they are a personal licence holder. Each event could last up to 72 hours and up to five events could take place at one premises in any year, where there were up to 500 at any one time in the audience. However, we have now amended the Bill to increase the number of temporary event notices that could be given in respect of the same premises from 5 to 12, subject to a maximum number of 15 days for the same premises during which permitted temporary activities may take place in a calendar year. A second amendment provides for an increase in the period permissible for any temporary event from 3 days (72 hours) up to 4 days (96 hours). Furthermore, another amendment was made which would allow an order-making power - subject to affirmative resolution - to enable those limits and the limit on the number of persons attending an event to be amended in the light of experience, should it prove that the balance between the rights of residents and the light touch approach of the system needs to be adjusted. I am confident that the Bill will make it easier and less expensive to stage traditional activities in England and Wales and hope that my letter has helped to clarify the advantages of our reforms. Rt.Hon. RIchard Caborn MP - Minster for Sport. The letter from Kim Howells - Former Minister of Culture - June 2003 
"Re. The effect of the Licensing Bill on keyboard clubs.The organ clubs that Mr Griffin mentions would only constitute a licensable activity under the terms of the Licensing Bill and therefore require a licence if the public were admitted or if they were being run for profit. Paragraph 4.3 of the fact sheet refers to community centres, village and parish halls in general. These premises although exempt from fees will require a premises licence to cover any licensable activities that take place at the premises." The paragraph referred to above is printed below for reference. 4.3 Use of such premises to put on entertainment will still require a licence as such provision can and does give rise to issues of nuisance, public safety and crime and disorder. However, the Bill provides for a streamlined and straightforward licensing scheme with minimum bureaucracy. In addition, the Guidance to be issued under the Bill will make it clear that conditions attached to any licence for any such premises must be necessary and proportionate to the risks involved, which are likely to be minimal in most cases. 8.6.03 What do we make of all this? It seems to revolve around the words "...if the public were admitted or if the clubs/societies were being run for a profit." As most clubs invite guests, it must be said that the public are admitted. We therefore asked what these fees are likely to be - bearing in mind that most societies hold their meetings in the venues mentioned above and also at school halls in the evenings or weekends. We give below the answer to the question. It seems, as we have said before, that the matter is far from being finalised. 
According to the letter we print below, an information leaflet will be available for the organisers of events
so that all the relevant points are made clear. In the meantime, we assume that copies of the document
we received can be otained from:- Claire Vickers, Policy Administrator, Department of Culture,
2-4 Cockspur Street, London SW1Y 5DH. The document is entitled "Regulation of Entertainment
Under the Licensing Bill." It bears the reference:- DCMS revised April 2003.
Finally, we must thank Peter Hain MP.,(left) for his attention in this matter which resulted in the foregoing details.
Click for direct information from the Culture Ministry
We welcome your comments on this matter. Click here to emailFees and Licence Charges The following letter has just been received (8.7.03) from Claire Vickers, Policy Administrator, at the Department of Culture:- "At present there is no schedule of the fees and licence charges, as they will be set in secondary legislation however the Regulatory Impact Assessment does contain information on charges and savings under the new regime. The Regulatory Impact Assessment is available on on our web site under alcohol and entertainment; publications 2001; Licensing Bill. The guidance that accompanies the Bill is guidance to Local Authorities however, it will be available to the public on our web-site and can be used by organisers of events. Given the size of the reforms we will also ensure that they will be widely publicised so that everyone will be aware of the changes to the licensing laws. In addition, subject to further discussions with the Musicians' Union, we will consider the publication of a joint leaflet targeted at pubs, bars and restaurants encouraging them to promote more live music." |