Propel Legal Briefing - Your outdoor entertainment survival guide: part one by Patrick Robson

First appearing for Propel Hospitality in their Legal Briefing on 9th July 2025

Your outdoor entertainment survival guide: part one by Patrick Robson

Aside from the occasional burst of rain, this summer has been hot, sticky and relentless. That usually spells good news for the trade, with crowds heading straight to beer gardens and any patch of outdoor space a pub or bar can offer. When people are visiting our outdoor spaces, it often makes sense to offer some entertainment to keep them there. That might mean music playing through speakers, showing sports on outdoor screens (such as the Women’s Euros) or even live DJs or bands in the beer garden.

This article takes a look at the rules around outdoor entertainment. We often find there is a lot of uncertainty about what is actually allowed, and it is not always as straightforward as people think, unfortunately. In next month’s piece, we plan to dive into the details of how to stay on the right side of your neighbours. That includes practical ways to avoid noise complaints and what might happen when the volume tips over into trouble. Let’s get into the rules and everything you need to know about outdoor entertainment at our sector’s venues.

The Licensing Act 2003 has now been in force for almost 20 years. In fact, its 20th anniversary is this November! Although the rules around entertainment were quite heavily relaxed about a decade ago, there is still plenty of understandable confusion among operators about what’s actually permitted outdoors. It doesn’t help that many premises’ licences illogically include specific wording about whether live or recorded music is allowed indoors, outdoors or both. However, even where a licence directly says that live music is permitted indoors only, the reality is that it is quite likely allowed outdoors anyway. No wonder licensees find it confusing – but don’t worry, we are here to help navigate these slightly frustrating areas of legislation.

Live or recorded music that is considered incidental does not require a licence under the Licensing Act, but how on earth do we define when music actually counts as incidental? There are a few key questions to ask:
1. Is the music the main reason people are attending, or are they being charged because of it?
2. Is the music advertised as a main feature?
3. Is the volume so loud that it dominates the space, or is it genuinely background music?

Generally, background music is not licensable, which means that music played through speakers into a beer garden is perfectly lawful by standard. However, despite this, putting up external speakers can raise other issues, so still needs further thought before implementation. You may need to consider planning permission, listed building consent or other local rules before making any changes to your building.

So, what happens when the music is more than just background level and is in fact a huge draw for your customers, such as outdoor DJs or live bands? In some cases, your premises licence may already cover this and specify that certain outdoor areas are licensed for these activities. It is always worth checking both your premises licence and the accompanying licensing plan to get a clearer picture. When it comes to live music, there is a helpful deregulation that applies to areas defined as “workplaces”.

This exemption may not appear on your premises licence at all, but as standard, it allows amplified live music to take place until 11pm, provided the audience does not exceed 500 people. In practice, most indoor spaces, beer gardens and patios will be classed as workplaces, so this rule often applies. Car parks, on the other hand, are more of a grey area, so using a temporary event notice is usually a safer option if you are planning to host a live band there.

Recorded music is treated differently. The workplace exemption does not apply, but there is another work around that allows both live and recorded music until 11pm in any area that is licensed for the sale of alcohol. This mirrors the workplace rule and applies to audiences of up to 500 people. It is a helpful “two-birds-one-stone solution" for the summer trading season as licensing your outdoor areas for alcohol sales can offer this double benefit. Not only can you serve drinks outside, but you also gain the ability to play live and recorded music in those same areas without needing additional permissions.

One of the lesser-known benefits and most confusing factors of deregulated music is that any licence conditions relating to music do not apply during the deregulated period. For example, if your licence says karaoke is not allowed at any time, that restriction does not legally apply before 11pm. The same goes for conditions that say all music must be played through a noise limiter. Up until 11pm, those conditions are essentially on pause, unless your audience goes over 500 people, exceeding the standard regulations. There is one important exception to be aware of, however. If any of your licence conditions were added as a result of a licence review, they can continue to apply even during the deregulated period. This means if there have been problems in the past, the licensing committee can take away the benefits of deregulation.

When it comes to outdoor televisions is, things are thankfully a bit more straightforward. Live television is not a licensable activity under the Licensing Act, so pubs and bars can show live sport outside to their heart’s content without needing extra Licensing Act permission. Just make sure your licence does not include any conditions that ban outdoor televisions or speakers. However, anything that is being shown has to be a live broadcast. Having a film night or showing a pre-recorded match counts as a separate licensable activity. Just like a standard consumer, you will still need the right television licence, along with any permissions from organisations that deal with copyright and broadcasting rights, as well as the correct subscriptions in place if you are showing something like Sky Sports or TNT.

Hopefully this has helped make sense of what can be a confusing area. It is important to note that even if something is allowed under licensing law, that does not always stop the complaints. If music or televisions gets too loud and starts to cause a nuisance, you could still run into trouble.

So, while the rules around outdoor entertainment have eased over the years, they’re still not always straightforward. Whether it’s background music, outdoor screens or something more ambitious like DJs or bands, there are ways to stay within the law, provided you know what to look out for in your licence and how the deregulations apply.

Next time, we will look at what happens when the complaints start coming in, and what you can do to stay ahead of any enforcement action. In the meantime, here’s to a strong summer of trading, as well as a strong finish from the Lionesses.
Patrick Robson is a partner at John Gaunt & Partners