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Local authorities ease up on Licensing Act to give hope for pubs and clubs

MU wins concessions for “nursery” venues
The music industry has made significant strides in protecting live music at grassroots level after the Musicians’ Union negotiated two major concessions from local authorities that will give a boost to “nursery venues”.

The much-maligned Licensing Act has had a corrosive effect on live music in smaller scale venues, which might have benefited from the “two in a bar” exception under the old licensing regime. This sidestepped the need for premises to apply for a licence if two, or less, musicians were playing.

However, the current legislation – controversially – swept that away, also ignoring a suggestion from the MU and others that the Government should introduce an exception for venues with a capacity of 200 or less.
Unfortunately, this has meant many small pubs, bistros, bars, clubs, coffee shops and restaurants – the so-called nursery venues – which do not see music as a main activity have not staged any music events under the current regime.

But, in a major breakthrough at a meeting with the Local Authorities Coordinators of Regulatory Services (LACORS) and the Local Government Association (LGA), MU assistant general secretary Horace Trubridge has managed to secure two major concessions that will help get music in these venues again:
 
  • that incidental music – broadly background music, whether live or recorded – will be given clear guidelines by LACORS and the LGA and promoted more heavily as a way for venues to host music;
  • that the provision of live music can be applied for under a minor variation to the licence
 
Trubridge says that incidental music does not require a licence. However, few places are aware of this and have not taken advantage of it by hosting acoustic or low-amplified sets.

He says the MU and the two bodies will now jointly produce a leaflet and FAQ that will clarify what incidental music is and how it can be staged in restaurants and bars.

“I think this will be really suitable in coffee shops, like Starbucks, pizza joints and other independent places that used the two in a bar rule in the past. If the priority of the business is not music, then they can now have it as an add-on,” says Trubridge.

The other breakthrough is to allow venues to apply to host music through a minor variation. Previously, even the movement of a fire extinguisher has required licensed premised to reply to the licensing authorities, which is expensive.

However, this and similar changes to how the licensed premises operate are now being suggested in legislation currently in front of parliament and due to be passed in the middle of this year. And, with LACORS and the LGA now suggesting live music might also be included under the minor variation, this is, according to Trubridge, a major step forward because it does not involve massive bureaucracy and expense for the publican or club owner. He adds, “We have got to test it, but these changes could really help live music at the nursery level.”

The MU is still pressing for a blanket exception for venues with a capacity of 200 or less, but Trubridge adds they will “park that” issue for now while pushing for these new changes.
Thanks to the Music Industries Association for this news update.

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