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Amend the Licensing Act 2003 with respect to the performance of live music |
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entertainment; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Licence review for live music entertainment |
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For section 177 of the Licensing Act 2003 (c. 17) (dancing and live music in |
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certain small premises) substitute— |
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“177 | Licence review for music entertainment |
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(1) | Subsection (2) applies where live music entertainment takes place in |
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premises authorised to supply alcohol for consumption on the |
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premises by a premises licence or club premises certificate, and— |
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(a) | at the time of the live music entertainment, the premises is |
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supplying alcohol for consumption on the premises, |
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(b) | the premises has a permitted capacity of no more than 200 |
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(c) | the music entertainment takes place between 8am and midnight |
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(2) | Any condition of the premises licence or club premises certificate which |
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relates to the provision of music entertainment does not have effect in |
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relation to the provision of that entertainment, unless it falls within |
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(3) | A condition falls within this subsection if, on a review of the premises |
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licence or club premises certificate— |
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(a) | it is altered so as to include a statement that this section does not |
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(b) | it is added to the licence and includes a statement to the effect |
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that this section does not apply to it. |
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(4) | Where a condition is included in accordance with subsection (3)(a) or |
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(b), paragraph 12A of Schedule 1 (live music in certain licensed venues) |
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“condition” means any condition of the premises licence or club |
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premises certificate which is included in that premises licence |
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or club premises certificate, including, but not limited to, |
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conditions included or imposed by virtue of— |
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(a) | in the case of a premises licence, sections 18(2)(a), 34(2), |
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35(3)(b), 52(3), 53B, 53C or 167(5)(b), |
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(b) | in the case of a club premises certificate, sections |
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72(2)(a), 72(3)(b), 85(2) or 88(3); |
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“music entertainment” means— |
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(a) | entertainment of a description falling within, or of a |
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similar description to that falling within, paragraph |
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2(1)(e) of Schedule 1, or |
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(b) | facilities enabling persons to take part in entertainment |
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“permitted capacity”, in relation to any premises, means the limit |
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on the number of persons who, following a risk assessment in |
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accordance with the requirements of regulation 9 of the |
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Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), |
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may be on the premises at any one time; |
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“supply of alcohol” means— |
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(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 |
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the order of, a member of the club.” |
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2 | Exemptions for live music entertainment |
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(1) | Schedule 1 to the Licensing Act 2003 (c. 17) is amended as follows. |
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(2) | In paragraph 11(a) for “a performance of unamplified, live music as” substitute |
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“the playing of live or recorded music that forms”. |
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(3) | After paragraph 12 insert— |
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“Live music in certain licensed venues |
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12A | The provision of a performance of live music within the meaning of |
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paragraph 2(1)(e) of this Schedule, or entertainment of a similar |
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description, or facilities enabling persons to take part in such |
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entertainment, is not to be regarded as the provision of regulated |
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entertainment for the purposes of this Act on premises to which |
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section 177 applies, except in cases where section 177(4) has effect. |
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Live unamplified or minimally amplified music by no more than two performers |
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12B (1) | The provision of a performance of live music within the meaning of |
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paragraph 2(1)(e) of this Schedule, or entertainment of a similar |
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description, or facilities enabling persons to take part in such |
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entertainment, is not to be regarded as the provision of regulated |
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entertainment for the purposes of this Act provided that the music or |
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(a) | performed by no more than two performers; and |
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(b) | either unamplified or minimally amplified. |
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(2) | Where sub-paragraph (1) applies at premises in respect of which a |
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premises licence or club premises certificate has effect, any condition |
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of the premises licence or club premises certificate which relates to |
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the provision of regulated entertainment or entertainment facilities |
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does not have effect in so far as it relates to the performance of live |
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music or provision of facilities under sub-paragraph (1). |
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(3) | In this paragraph “condition” has the same meaning as in section |
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(4) | This paragraph is subject to Part 3 of this Schedule (interpretation). |
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Hospitals, hospital accommodation, schools and colleges |
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12C (1) | The provision of any entertainment or entertainment facilities on |
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premises at a school, college, hospital or hospital accommodation are |
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not to be regarded as regulated entertainment provided that— |
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(a) | alcohol is not sold during the provision of such entertainment |
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or entertainment facilities; and |
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(b) | the total number of persons attending the school, college or |
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hospital for the purposes of any entertainment or |
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entertainment facilities at no time exceeds 200 persons. |
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“college” means a college or similar institution principally |
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concerned with the provision of full time education suitable |
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to the requirements of persons over compulsory school age, |
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but who have not attained the age of 19; |
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(a) | any institution for the reception and treatment of |
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persons suffering from illness; |
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(b) | any maternity home, and |
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(c) | any institution for the reception and treatment of |
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persons during convalescence or persons requiring |
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and includes clinics, dispensaries and outpatient |
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departments maintained in connection with any such home |
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or institution, and “hospital accommodation” is to be |
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construed accordingly; and |
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“school” means a school within the meaning of section 4 of the |
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Education Act 1996 (schools: general).” |
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(4) | After paragraph 18 insert— |
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19 | “Minimal amplification” means the electronic amplification of |
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music, being played or used at a performance of live music, such that |
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the volume of the electronically amplified music does not |
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