Two in a bar to none in a bar – the Licensing Bill

You’ll all know of the changes in law, that have generally fucked up, our gatherings outside, Public order act CJA etc .

Then there was the club licensing rules, drugs etc and the ‘Barry Legg’ Act.

And now, here comes the next one

Licensing Bill 2003

http://www.musiciansunion.org.uk/articles/two_in_a_bar02.shtml

On 15 November 2002 the government published the Licensing Bill. It was launched as a ‘central plank in the government’s drive to tackle antisocial behaviour’. This comprehensive overhaul of liquor and public entertainment licensing proposes, among other things, to deregulate pub opening times. However, it also dramatically increases the licensing of live music performance, and replaces the ‘two in a bar rule’ with a ‘none in a bar rule’.

The Musicians’ Union welcomes the broad aim of the Licensing Bill insofar as deregulation of opening times may reduce binge-drinking, and alcohol-related crime and disorder. However, we oppose key elements of the reforms as they apply to live music. if all the provisions of this otherwise liberalising Bill were enacted, it would represent the biggest increase in licensing control of live music for over 100 years:

110,000 on-licensed premises in England and Wales (pubs, bars, restaurants etc) would lose their right to allow one or two musicians to perform. A form of this limited exemption from licensing control dates back to at least 1899.

Broadcast entertainment on satellite or terrestrial tv, or radio, is to be exempt from licensing under this Bill.

15,500 Churches outside London would lose their licensing exemption for public concerts.

5,000 registered members clubs lose their licensing exemption for public entertainment.

The very wide definitions in the Bill would cover carol singing and bell ringing (unless incidental to a religious meeting or service).

Thousands of private events, hitherto exempt, become licensable if ‘for consideration and with a view to profit’.

The same applies to any private performance raising money for charity.

Tens of thousands of private wedding receptions, parties, and corporate functions would become illegal unless licensed (the wording of the Bill suggests that payment to musicians triggers the licensing requirement).

A new licensing criterion is introduced: the provision of ‘entertainment facilities’. This could mean professional rehearsal studios, broadasting studios etc will be illegal unless licensed.

Musicians could be guilty of a criminal offence if they don’t check first that premises hold the appropriate authorisation for their performance.

Buskers similarly potential criminals – unless they perform under a licensing authorisation.

The maximum penalty for unlicensed performance remains a £20,000 fine and six months in prison.

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