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Live Music Bill [HL]


Live Music Bill [HL]

1

 

A

Bill

To

Amend the Licensing Act 2003 with respect to the performance of live music

entertainment; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Licence review for live music entertainment

For section 177 of the Licensing Act 2003 (c. 17) (dancing and live music in

certain small premises) substitute—

“177    

Licence review for music entertainment

(1)   

Subsection (2) applies where live music entertainment takes place in

5

premises authorised to supply alcohol for consumption on the

premises by a premises licence or club premises certificate, and—

(a)   

at the time of the live music entertainment, the premises is

supplying alcohol for consumption on the premises,

(b)   

the premises has a permitted capacity of no more than 200

10

persons, and

(c)   

the music entertainment takes place between 8am and midnight

on the same day.

(2)   

Any condition of the premises licence or club premises certificate which

relates to the provision of music entertainment does not have effect in

15

relation to the provision of that entertainment, unless it falls within

subsection (3).

(3)   

A condition falls within this subsection if, on a review of the premises

licence or club premises certificate—

(a)   

it is altered so as to include a statement that this section does not

20

apply to it, or

(b)   

it is added to the licence and includes a statement to the effect

that this section does not apply to it.

 

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Live Music Bill [HL]

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(4)   

Where a condition is included in accordance with subsection (3)(a) or

(b), paragraph 12A of Schedule 1 (live music in certain licensed venues)

shall have no effect.

(5)   

In this section—

“condition” means any condition of the premises licence or club

5

premises certificate which is included in that premises licence

or club premises certificate, including, but not limited to,

conditions included or imposed by virtue of—

(a)   

in the case of a premises licence, sections 18(2)(a), 34(2),

35(3)(b), 52(3), 53B, 53C or 167(5)(b),

10

(b)   

in the case of a club premises certificate, sections

72(2)(a), 72(3)(b), 85(2) or 88(3);

“music entertainment” means—

(a)   

entertainment of a description falling within, or of a

similar description to that falling within, paragraph

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2(1)(e) of Schedule 1, or

(b)   

facilities enabling persons to take part in entertainment

within paragraph (a);

“permitted capacity”, in relation to any premises, means the limit

on the number of persons who, following a risk assessment in

20

accordance with the requirements of regulation 9 of the

Regulatory Reform (Fire Safety) Order 2005, may be on the

premises at any one time;

“supply of alcohol” means—

(a)   

the sale by retail of alcohol, or

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(b)   

the supply of alcohol by or on behalf of a club to, or to

the order of, a member of the club.”

2       

Exemptions for live music entertainment

(1)   

Schedule 1 to the Licensing Act 2003 (c. 17) is amended as follows.

(2)   

In paragraph 11(a) for “a performance of unamplified, live music as” substitute

30

“the playing of live or recorded music that forms”.

(3)   

After paragraph 12 insert—

“Live music in certain licensed venues

12A        

The provision of a performance of live music within the meaning of

paragraph 2(1)(e) of this Schedule, or entertainment of a similar

35

description, or facilities enabling persons to take part in such

entertainment, is not to be regarded as the provision of regulated

entertainment for the purposes of this Act on premises to which

section 177 applies, except in cases where section 177(4) has effect.

Live unamplified or minimally amplified music by no more than two performers

40

12B   (1)  

The provision of a performance of live music within the meaning of

paragraph 2(1)(e) of this Schedule, or entertainment of a similar

description, or facilities enabling persons to take part in such

entertainment, is not to be regarded as the provision of regulated

 
 

Live Music Bill [HL]

3

 

entertainment for the purposes of this Act provided that the music or

entertainment is—

(a)   

performed by no more than two performers; and

(b)   

either unamplified or minimally amplified.

      (2)  

Where sub-paragraph (1) applies at premises in respect of which a

5

premises licence or club premises certificate has effect, any condition

of the premises licence or club premises certificate which relates to

the provision of regulated entertainment or entertainment facilities

does not have effect in so far as it relates to the performance of live

music or provision of facilities under sub-paragraph (1).

10

      (3)  

In this paragraph “condition” has the same meaning as in section

177(5).

      (4)  

This paragraph is subject to Part 3 of this Schedule (interpretation).

Hospitals, hospital accommodation, schools and colleges

12C   (1)  

The provision of any entertainment or entertainment facilities on

15

premises at a school, college, hospital or hospital accommodation are

not to be regarded as regulated entertainment provided that—

(a)   

alcohol is not sold during the provision of such entertainment

or entertainment facilities; and

(b)   

the total number of persons attending the school, college or

20

hospital for the purposes of any entertainment or

entertainment facilities at no time exceeds 200 persons.

      (2)  

In this paragraph—

“college” means a college or similar institution principally

concerned with the provision of full time education suitable

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to the requirements of persons over compulsory school age,

but who have not attained the age of 19;

“hospital” means—

(a)   

any institution for the reception and treatment of

persons suffering from illness;

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(b)   

any maternity home, and

(c)   

any institution for the reception and treatment of

persons during convalescence or persons requiring

medical rehabilitation,

and includes clinics, dispensaries and outpatient

35

departments maintained in connection with any such home

or institution, and “hospital accommodation” is to be

construed accordingly; and

“school” means a school within the meaning of section 4 of the

Education Act 1996 (schools: general).”

40

(4)   

After paragraph 18 insert—

“Minimal amplification

19         

“Minimal amplification” means the electronic amplification of

music, being played or used at a performance of live music, such that

the volume of the electronically amplified music does not

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Live Music Bill [HL]

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predominate over any unamplified music played during that

performance.”

3       

Short title, commencement and extent

(1)   

This Act may be cited as the Live Music Act 2009.

(2)   

This Act shall come into force on such day as the Secretary of State may by

5

order made by statutory instrument appoint.

(3)   

This Act extends to England and Wales only.

 
 


 
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