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Live Music Bill - almost there!

The Live Music Bill has completed its consideration of amendments stage and will shortly obtain Royal Assent, at which point it will become the Live Music Act 2012.

However, the soon to be Act will not come into force until secondary legislation is enacted. There is no official timetable for this as yet although it is hoped that this will be sometime before the Olympics and the Queen’s Diamond Jubilee.

As a reminder, the Bill, now in its final agreed form, seeks to relieve some regulatory burdens under the Licensing Act 2003 as follows.

Live music in ‘licensed’ venues

Live music will cease to be regulated entertainment in venues licensed for the sale of alcohol for consumption on the premises in the following situations: 

• when it is unamplified and takes place between 8am and 11pm; and
• when it is amplified and takes place in the presence of an audience of 200 persons or less and is provided between 8am and 11pm.

The premises must be open for the sale of alcohol during the time that the live music is provided for the exemption/s to take effect.

Further, any condition attached to the Premises Licence relating to live music ceases to have effect in respect of the live music unless the Licensing Authority states otherwise on the licence pursuant to a Review hearing.

Live music in ‘non-licensed’ venues

Of note for those premises which are not licensed for alcohol sales, the Bill states that live music is not regulated entertainment when it is unamplified and takes place between 8am and 11pm.

Amplified live music in non-licensed venues will still require formal authorisation from the Licensing Authority, such as a Premises Licence or Temporary Event Notice.

Provision of facilities for making music and dancing

The Bill’s final notable feature is to remove the provision of facilities for making music and dancing as forms of regulated entertainment. This element did not grab the headlines as much as the changes to live music but is certainly welcome to the licensed industry nonetheless.

Should you have any queries about the Bill’s effects, please contact one of our solicitors.