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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 live music entertainment
takes place in the presence of an |
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audience
of no more than 200 persons, and |
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(c) |
the live music entertainment
takes place between 8am and |
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midnight
on the same day. |
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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 licensed venues) and
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paragraph
12C (live unamplified music) shall have no effect. |
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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, section 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, section 72(2)(a), |
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72(3)(b), 85(2) or
88(3); |
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“music entertainment”
means entertainment of a description |
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falling within, or of a
similar description to that falling within, |
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paragraph 2(1)(e) of Schedule
1; |
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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 |
Removal
of requirement to licence the provision of entertainment facilities |
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(1) |
Schedule 1 to the Licensing
Act 2003 (c. 17) is amended as follows. |
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(2) |
For sub-paragraph 1(1) substitute— |
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“(1) |
For the purposes
of this Act, the “provision of regulated |
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entertainment”
means the provision of entertainment of a |
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description
falling within paragraph 2 where the conditions in sub- |
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paragraphs
(2) and (3) are satisfied.” |
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(3) |
In sub-paragraph 1(2) omit
“, or entertainment facilities are,”. |
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(4) |
For sub-paragraph 1(3) substitute— |
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“(3) |
The second condition
is that the premises on which the |
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entertainment
is provided are made available for the purpose, or for |
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purposes
which include the purpose, of enabling the entertainment |
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concerned
to take place.” |
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(5) |
For sub-paragraph 1(4) substitute— |
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“(4) |
For the purposes
of sub-paragraph (2)(c), entertainment is to be |
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regarded
as provided for consideration only if any charge is made by |
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(a) |
any person concerned
in the organisation or management of |
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(b) |
is paid by or
on behalf of some or all of the persons for whom |
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that
entertainment is provided.” |
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(6) |
In sub-paragraph 1(6) omit
paragraph (c). |
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(8) |
For
paragraph 4 substitute— |
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“4 |
The Secretary of State
may by order amend this Schedule for the |
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purposes
of modifying the descriptions of entertainment specified in |
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paragraph
2, and for this purpose “modify” includes adding,
varying |
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or
removing any description.” |
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(9) |
For paragraph 7 substitute— |
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“7 |
The provision of entertainment
consisting of the performance of live |
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music
or the playing of recorded music is not to be regarded as the
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provision
of regulated entertainment for the purposes of this Act to |
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the
extent that it is incidental to some other activity which is not
itself |
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a
description of entertainment falling within paragraph 2.” |
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(10) |
In paragraph 9 omit “or
entertainment facilities”. |
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(11) |
In sub-paragraph 10(1) omit
“or entertainment facilities”. |
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(12) |
In paragraph 11 omit “or
entertainment facilities”. |
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(13) |
In paragraph 12 omit “or
entertainment facilities”. |
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3 |
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 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,
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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(4) |
After paragraph 12A (as inserted
by sub-paragraph (3)) insert— |
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“Live music
in workplaces not licensed under this Act |
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12B |
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,
is not to be regarded as the provision of regulated |
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entertainment
for the purposes of this Act, provided that— |
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(a) |
the place where
the performance is provided is not licensed |
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under
this Act but is a workplace as defined in regulation 2(1) |
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of
the Workplace (Health, Safety and Welfare) Regulations |
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(b) |
the performance
takes place in the presence of an audience of |
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no
more than 200 persons, |
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(c) |
the performance
takes place between 8am and midnight on |
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(5) |
After
paragraph 12B (as inserted by sub-paragraph (4)) insert— |
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12C (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,
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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(b) |
takes place between
8am and midnight on the same day. |
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(2) |
The exemption
within sub-paragraph (1) will not apply if— |
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(a) |
the performance
of live music takes place in premises |
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authorised
to supply alcohol for consumption on the |
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premises
by a premises licence or club premises certificate; |
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(b) |
section 177(4)
has effect.” |
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4 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Live Music Act 2010. |
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(2) |
This Act shall come into
force on such day as the Secretary of State may by |
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order made by statutory instrument
appoint. |
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(3) |
This Act extends to England
and Wales only. |
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