Agenda item

Live Music Act 2012

To note the amendments to the Licensing Act 2003 via the Live Music Act 2012 in respect of live music entertainment and the provision of entertainment facilities (report of the Assistant Director Commissioning enclosed).

Minutes:

Consideration was given to the report of the Assistant Director of Commissioning to note amendments to the Licensing Act 2003 via the Live Music Act 2012 in respect of live music entertainment and the provision of entertainment facilities. 

 

The Live Music Act received Royal Assent on 8 March 2012 and came into effect on 1 October 2012. 

 

The Live Music Act 2012 amended the Licensing Act 2003 in several areas, as follows:

·        Conditions relating to live music would not apply if the following were met – there was a premises licence or club premises certificate in place authorising on sales of alcohol; the premises were open for the supply of alcohol for consumption on the premises; live music taking place between 8am and 11pm and, if the live music was amplified, the audience was of no more than 200 people. Conditions would apply outside of these hours and criteria. 

·        If the above criteria were met live music would cease to be classed as regulated entertainment.

·        Live unamplified music provided anywhere was not classed as regulated entertainment between 8am and 11pm regardless of the number of people in the audience.

·        The Act wholly removed the requirement to licence entertainment facilities.

·        To protect local residents the Act had additional provisions. At a review of the premises licence or club premises certificate the Licensing Authority could determine that conditions relating to live music would apply during the hours of 8am and 11pm.

·        In addition if there was not an authorisation for live music the Licensing Authority could attach conditions to the premises licence / club premises certificate which could also apply between 8am and 11pm.  

·        The Licensing Authority could also decide that live music was a licensable activity at the premises and that live music could not be provided without authorisation on a premises licence / club premises certificate or Temporary Event Notice.

Consultation had been undertaken by the Department of Culture, Media and Sport, with a view to producing updated guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 which was expected on 31 October 2012.  It was noted that the Live Music Act did not permit any premises to cause  noise nuisance, and that all other legislative requirements still applied. 

 

Members raised concerns regarding the Live Music Act 2012 and that although it was stated that it did not permit any noise nuisance this could indeed become the case.  Would the Authority take any steps for an out of hours service for the reporting of any noise disturbance from a premises or any other entertainment. 

 

Members were advised by the Licensing and Business Support Manager that there was no facility for an out of hours service and responsibility for investigating any disturbance out of hours would fall to the Police or the Environmental Health Team, through the South Holland District Council out of hours number (01775 761161) where the call would be logged and looked at on the next working day. Any disturbance that was taking place on a regular basis would have to be monitored and logged, in order to show a pattern of disturbance, which would then be investigated appropriately.  It was noted that any live music restraint was being removed up until 11.00p.m. and after that a licence would still be required.  A review would still be permitted to be called on a premises if there was noise nuisance. 

 

DECISION:

 

That the amendments to the Licensing Act 2003 via the Live Music Act 2012 in respect of live music entertainment and the provision of entertainment facilities be noted. 

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