The Live Music Act 2012 brings about some changes to the Licensing Act 2003
The introduction of the Live Music Act on 1st October 2012 has seen some aspects of live music performance regulation relaxed.
As from 1st October 2012 permission will not be needed for performances of live unamplified music between 8am until 11pm. In certain circumstances live amplified music will also not require authorisation under Licensing Act requirements.
Entertainment facilities will no longer be licensable. Currently a premises licence or club premises certificate includes permissions for provision of facilities for making music. This means that permission is needed for use of a room and any equipment needed for making music such as microphones. This permission will no longer be a requirement.
Live Unamplified Music
Live unamplified music may take place anywhere (indoors or outdoors in any place) between the hours of 8am and 11pm on the same day regardless of audience size without licensing requirements.
Live Amplified Music
The rules are different with performances of amplified music. Live amplified music ceases to be regulated by the Licensing Act 2003 if all the following conditions are met:
There is a premises licence or Club Premises Certificate in operation that permits on-sales of alcohol. The premises to which the licence or certificate applies is open for sale or supply of alcohol on the premises
Live music is only performed inside the hours of 8am until 11pm on the same day
The audience size is not greater than 200 people
Existing conditions attached to licences
Any conditions attached to a Premises Licence or Club Premises Certificate relating to live music will be suspended whilst unregulated live music is taking place. If you are a licence holder and require guidance, please contact the Licensing Team on 01643 703704.
Performances of live music in the workplace
Performances of live music will not be regulated for audiences not exceeding 200 persons between the hours of 8am and 11pm on the same day.
All persons responsible for any musical performances will need to comply with all related legislation including noise nuisance legislation.
The Environmental Health Department in conjunction with Licensing will investigate any noise complaints regarding live music and take further action where necessary.
Licence holders have an obligation to promote the four licensing objectives:
The prevention of crime and disorder
The prevention of public nuisance
The Protection of children from harm
If complaints regarding live music are investigated and upheld, this may result in evidence to support a request for a licence review. If clear evidence demonstrates that there has been an adverse impact on the licensing objectives as a result of live music, the Licensing Authority has the power to decide to treat live music as a licensable activity.