Revised guidance for local authorities on the licensing laws was published today(2007-06-28) by the Department for Culture Media and Sport (DCMS). The revised and updated Guidance offers advice and clarification for councils on a wide range of issues to help them deliver the Licensing Act 2003 effectively. Amendments include an expanded section on incidental music, to help local authorities determine whether music falls into this category and is therefore not licensable. Link to full government guidelines : www.culture.gov.uk/Reference_library/Press_notices/archive_2007/dcms078_07.htm A KentFolk summary and excerpts of items most relevant to music at small and private events, and to pubs and musicians : [my comments are in brackets - this should only be read as a guide to which sections are likely to contain information relevant to a particular subject - also see the excellent index at the end of the document.] The four statutory objectives of the act are: • the prevention of crime and disorder; • public safety; • the prevention of public nuisance; and • the protection of children from harm. Chapter 3 Licensable activities Para 3.18 and 3.19 : Private events - Further clarification of entertainment at private events. Para 3.22 : Incidental music - Factors to be considered (or not) in determining whether music is incidental. Para 3.30 : Small venues providing dancing and amplified or unamplified music - Capacity limits under the new fire safety regime ENTERTAINMENT 3.9 Subject to the conditions, definitions and the exemptions in Schedule 1, the types of entertainment regulated by the 2003 Act are: • a performance of a play; • an exhibition of a film; • an indoor sporting event; • a boxing or wrestling entertainment; (indoor and outdoor) • a performance of live music; • any playing of recorded music; • a performance of dance; • entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance. but only where the entertainment takes place in the presence of an audience and is provided at least partly to entertain that audience. ENTERTAINMENT FACILITIES 3.10 Subject to the conditions, definitions and the exemptions in Schedule 1, entertainment facilities means facilities for enabling persons to take part in entertainment consisting of: • making music; • dancing; • entertainment of a similar description to making music or for dancing. 3.11 These facilities must be provided for the use of and to entertain customers. Entertainment facilities include, for example: • a karaoke machine provided for the use of and entertainment of customers in a public house; • a dance floor provided for use by the public in a nightclub; • musical instruments made available for use by the public to entertain others at licensed premises. [A music or dance workshop does not require a licence :] 3.12 .... The following activities, for example, are not regulated entertainment: • education - teaching students to perform music or to dance; PRIVATE EVENTS 3.16 Entertainment at a private event to which the public are not admitted becomes regulated entertainment and therefore licensable, only if it is provided for consideration and with a view to profit. So, for instance, a charge made to people attending a private event to cover the costs of the entertainment, and for no other purpose, would not make the entertainment licensable. The fact that a profit might inadvertently be made would be irrelevant as long as there had not been an intention to make a profit. 3.17 Schedule 1 to the 2003 Act also makes it clear that before entertainment or entertainment facilities are regarded as being provided for consideration, a charge has to be made by, or on behalf of, a person concerned with: • the organisation or management of the entertainment; or • the organisation or management of the facilities who is also concerned with the entertainment; and paid by or on behalf of some or all of the persons for whom the entertainment/facilities are, provided. 3.18 This means that a private event for invited guests held in a hired private room with a live band and dancing and no charge for admission intended to make a profit is not a regulated entertainment unless the person who hires out the room (for example, the owner of the house in which the room is situated) is also involved in the organisation or management of the entertainment. An owner may become so involved by, for example, hiring a dancefloor, sound equipment and/or smoke machine along with the room, or by arranging for a DJ or band to play at the event. In this case, the provision by the owner of the room (and any other entertainment facilities they provide) for a charge and with a view to profit will itself be a provision of regulated entertainment. By contrast, if the owner simply hires out the room for an event and is not further involved with the entertainment at the event, they will not be providing a regulated entertainment, and the event would need to be looked at separately from the hire of the room in order to determine whether it was itself an instance of regulated entertainment. 3.19 Similarly, a party organised in a private house by and for friends, (and not open to the public) with music and dancing, and where a charge or contribution is made solely to cover the costs of the entertainment and not with a view to profit would not be an instance of regulated entertainment. In the same vein, any charge made by musicians or other performers or their agents to the organiser of a private event does not of itself make that entertainment licensable unless the guests attending are themselves charged for the entertainment with a view to achieving a profit.3 SPONTANEOUS MUSIC, SINGING AND DANCING 3.24 The spontaneous performance of music, singing or dancing does not amount to the provision of regulated entertainment and is not a licensable activity. ..... In the case of genuinely spontaneous music (including singing) and dancing, the place where the entertainment takes place will not have been made available to those taking part for that purpose. SMALL VENUES PROVIDING DANCING AND AMPLIFIED OR UNAMPLIFIED MUSIC 3.25 ...... most licensing conditions relating to music entertainment [are suspended] in certain small venues when the conditions specified in the licence are met. The section is directed at premises with a capacity of 200 or less and which are licensed for the provision of music entertainment such as, for example, some pubs with entertainment licences. 3.26 Subsections (1) and (2) of section 177 of the 2003 Act provide that where, • a premises licence or club premises certificate authorises the supply of alcohol for consumption on the premises and the provision of "music entertainment" (live music or dancing or facilities enabling people to take part in those activities), • the relevant premises are used primarily for the supply of alcohol for consumption on the premises, and • the premises have a permitted capacity limit of not more than 200 persons (see paragraph 2.29). any conditions relating to the provision of the music entertainment imposed on the premises licence or club premises certificate by the licensing authority, other than those set out by the licence or certificate which are consistent with the operating schedule, will be suspended except where, under subsection (5), they were imposed as being necessary for public safety or the prevention of crime and disorder or both. 3.27 Examples of premises used 'primarily' for the supply of alcohol for consumption on the premises would include some public houses and some qualifying club premises, but would not normally include, for example, a restaurant. 3.29 The 'unamplified' music exemption covers any premises appropriately licensed, including, for example restaurants. 3.31 Section 177 can be disapplied in relation to any condition of a premises licence or club premises certificate following a review of the licence or certificate. This means that conditions attached to the existing premises licence relating to the provision of music entertainment can be given effect at the relevant times or that new conditions may also be imposed as an outcome of the review process. 7. Temporary event notices NOTIFIED PREMISES 7.14 A temporary event notice may be given for part of a building such as a single room within a village hall, a plot within a larger area of land, or a discrete area within a marquee as long as it includes a clear description of the area where the licensable activities will take place and the premises user intends to restrict the number of people present in the notified area at any one time to less than 500. If the premises user fails to restrict the numbers to a maximum of 499, they would be liable to prosecution for carrying on unauthorised licensable activities. 7.23 In the case of an event proceeding under the authority of a temporary event notice, failure to adhere to the requirements of the 2003 Act, such as the limitation of no more than 499 being present at any one time, would mean that the event was unauthorised. In such circumstances, the premises user would be liable to prosecution. Annex A SCHEDULE 1 PROVISION OF REGULATED ENTERTAINMENT PART 1 GENERAL DEFINITIONS Entertainment 2 (1) The descriptions of entertainment are- (a) a performance of a play, (b) an exhibition of a film, (c) an indoor sporting event, (d) a boxing or wrestling entertainment, (e) a performance of live music, (f) any playing of recorded music, (g) a performance of dance, (h) entertainment of a similar description to that falling within paragraph (e), (f) or (g), where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience. (2) Any reference in sub-paragraph (1) to an audience includes a reference to spectators. (3) This paragraph is subject to Part 3 of this Schedule (interpretation). PART 2 EXEMPTIONS Music incidental to certain other activities 7 The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself- (a) a description of entertainment falling within paragraph 2, or (b) the provision of entertainment facilities. Use of television or radio receivers 8 The provision of any entertainment or entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the simultaneous reception and playing of a programme included in a programme service within the meaning of the Broadcasting Act 1990 (c. 42). Garden fκtes, etc. 10 (1) The provision of any entertainment or entertainment facilities at a garden fκte, or at a function or event of a similar character, is not to be regarded as the provision of regulated entertainment for the purposes of this Act. (2) But sub-paragraph (1) does not apply if the fκte, function or event is promoted with a view to applying the whole or part of its proceeds for purposes of private gain. (3) In sub-paragraph (2) "private gain", in relation to the proceeds of a fκte, function or event, is to be construed in accordance with section 22 of the Lotteries and Amusements Act 1976 (c. 32). Morris dancing etc. 11 The provision of any entertainment or entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it consists of the provision of- (a) a performance of morris dancing or any dancing of a similar nature or a performance of unamplified, live music as an integral part of such a performance, or (b) facilities for enabling persons to take part in entertainment of a description falling within paragraph (a). PART 3 INTERPRETATION Music 18 "Music" includes vocal or instrumental music or any combination of the two. There is a good index at the end of the document.