“Draconian” legislation to criminalise live music
Another info burst on the progress of the Licensing Bill, Labours very own CJA
Some if this info has been posted before. However, the progress continues …
There has been further debate in the Commons with the Secretary of State for Culture, Media and Sport being questioned. And, an “Early Day Motion” opposing the “draconian” provisions on music licenses has been tabled by John Whittingdale MP and signed by more than 100 MPs
Although we’re making a fuss about it all, the fact that there will be longer licensing hours etc, will get the headlines.
But music provisions and the Inner City Noise / raves / clubs, provisions, and DJ’s being included, and well as musicians at large, being liable under the act [rather than the license holder as is the case now], will largely go un-noticed, until its too late !
They say were getting upset about nothing. I say they DO mean it.
A summary from Statewatch
http://www.statewatch.org/news/2003/feb/06music.htm
In November 2002, the UK government produced a much heralded Licencing Bill, fulfilling manifesto pledges to allow longer drinking hours in pubs by repealing closing-time restrictions imposed during the Second World War. Also in the Bill, though unreported in the mainstream media, are far-reaching changes to the music licencing regulations.
At present, a music license is only required if three or more musicians are performing – in the 90 per cent of pubs in the England and Wales that do not have a license one or two musicians can be perform legally. This so-called “two-in-a-bar” rule has long been criticised by performers and venues alike; the new proposals are reviled as “none-in-a-bar”. Nightclubs are also covered and the new laws could apply to DJs who were also previously exempt.
The Bill introduces a new criminal offence, punishable by 6 months in prison or a ÂŁ20,000 fine, for playing music at unliscensed premises. If the penalties are severe, the provisions on scope and liability are astonishing. Under Clause 188, any location where live music is played will be covered: e.g. churches, schools and colleges, community centres and potentially even parties and weddings in private homes and gardens. Clause 134 makes the musicians themselves liable for prosecution if they play in unlicensed premises.
Music licenses are not easy things to obtain and premises must first be approved by Police, Fire Service, Environmental Health Department and local residents. For their part, the police and local authorities tend to take licensing laws very literally and have, in many areas, enforced existing laws rigorously.
The proposals have been compared to the Conservative government’s notorious 1994 Criminal Justice Act which criminalised unlicensed “repetitive beats”. The attitude of the Labour government, despite its relentless promotion of the “Cool Britannia” tag and music industry links, appears equally intolerant with the Department of Culture, Media and Sport arguing that music and dance are associated with noise and drugs culture. Campaigners counter that revised health and safety, fire, and noise regulations mean live music does not need to be licensed at all – like in Scotland and most other countries.
The Bill has almost finished its passage through the Lords with few meaningful amendments and will shortly be sent back to the Commons. An “Early Day Motion” (EDM 331, 10.12.02) opposing the “draconian” provisions on music licenses has been tabled by John Whittingdale MP and signed by more than 100 MPs.
Licensing Reform: Parliamentary Questions 4 Feb 2003
http://www.parliament.the-stationery-office.co.uk/pa/cm200203/cmhansrd/cm030204/text/30204w21.htm
Mr. Hague: To ask the Secretary of State for Culture, Media and Sport (1) how the Government intend to differentiate in the Licensing Bill between live music used as part of a religious service and live music used to entertain in places of worship; [88250]
……. and so on!
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the Licensing Bill [HL], as introduced in the House of Lords on 14th November 2002.
http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldbills/001/2003001.htm
Copy of the bill here [all 184 pages of it!]
http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldbills/001/2003001.pdf
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Early Day Motion, Tabled by John Whittingdale MP
http://edm.ais.co.uk/weblink/html/motion.html/ref%3D331
EDM 331 LICENSING OF LIVE MUSIC 10.12.02
Whittingdale/John
That this House expresses concern that the Licensing Bill proposals to make the performance of live music licensable in pubs and clubs, in places where alcohol is served, in churches, synagogues, mosques and other places of worship, in schools and colleges, in community centres and village and parish halls, and in private homes and gardens where private parties and weddings may be held will have an enormously detrimental effect on musicians and live music performances; fears that the raising of money for charities by musicians will be seriously compromised; considers it will seriously impinge on the folk community including folk music and traditional folk activities such as morris dancing, wassailing, &c; believes that the penalties for breaking the law of a six month jail sentence of a ÂŁ20,000 fine are far too draconian; considers it grossly unfair and inconsistent that live music will not be licensable in Scotland but will be in England and Wales; regrets that the Government has decided to replace the anomalous two in a bar rule with a none in a bar rule which will catch all live music performances; believes that the requirement for the provision of entertainment facilities to become licensable which will ensnare music shops, music and dance studios and teachers, represents a totally unacceptable regulatory intrusion into mainstream activities; and calls on the Government to amend the relevant parts of bill in order to remove the iniquities faced by musicians and the music industry as a whole.
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Licensing Bill Extent: England and Wales – REGULATORY IMPACT ASSESSMENT. Prepared by the Department for Culture, Media and Sport.
http://www.culture.gov.uk/new_responsibilities/ria_licensing.pdf
I PURPOSE AND INTENDED EFFECT
1. The Licensing Bill will reform and modernise the existing arrangements for licensing the sale of alcohol, the provision of public entertainment, including music, dancing and indoor sports, theatres, cinemas and the provision of late night refreshment between 11.00pm and 5.00am in England and Wales. The existing arrangements involve two separate licensing authorities: magistrates and local authorities. The Bill will integrate these diverse arrangements under the control of a single licensing authority â the local authority â and establish clear objectives for the regime. In general terms, the reforms should have a significant deregulatory impact and produce savings for the hospitality and leisure industry of ÂŁ1.97 billion over the first ten years of operation and increased savings thereafter, while introducing greater democratic accountability for people directly affected by the decisions of the licensing authorities concerning sales of alcohol.
And onwards ….
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Hobnobbin Magazine http://www.hobgoblin.com/hobnob/index.html
They’re keeping an active watch on all this. Check back with them from time to time
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Earlier in Tash’s blog:
Two in a bar to none in a bar – the Licensing Bill
http://tash_lodge.blogspot.com/2003_01_05_tash_lodge_archive.html#87056601
Licensing Bill 2003 – a threat to live music
http://tash_lodge.blogspot.com/2003_01_05_tash_lodge_archive.html#87123542
Pub music scene ‘under threat’ : licensing bill 2003
http://tash_lodge.blogspot.com/2003_01_26_tash_lodge_archive.html#88219744
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