Special Occasions: Music to licensees' ears

IT'S THE soundtrack to our lives - and the soundtrack to pub profits. Get the music offer right in your pub, theme some special occasions around it, and it could be a big draw in 2008.

Richard Stewart, a rights negotiation executive for PPL (Phonographic Performance Ltd) - which licences pubs to play recorded music - says: "Music can be an incredibly powerful tool for attracting customers. Chosen to appeal to the right clientele, in any commercial environment it creates an atmosphere and has the potential to increase sales and enhance business."

There are lots of things to consider first, though, as playing music without the correct authorisation can land you in trouble with the law.

The Licensing Act 2005 shook up the conditions under which pubs are licensed for music (see panel). When it comes to live music it is also legally necessary to have a licence from the Performing Rights Society (PRS), which licenses the public performance of music and pays royalties to musicians.

A spokeswoman for PRS says: "Music is a key element, motivating staff, differentiating from competitors, attracting customers, enhancing their experience and influencing their spending behaviour. Pubs recognise it can increase profits."

Take the Jolly Brewer in Lincoln, for example. When licensee Emma Chapman took over the pub three-and-a-half years ago she immediately set about repositioning it as a music venue. "Our open mic night, held every Wednesday, became the benchmark," she says. "The fact that it has been taken to heart by local musicians makes it work well."

She says that having a professionally engineered sound system has been "worth shelling out for" because it has proven attractive to musicians. At least 100 customers pass through the Jolly Brewer's doors every Wednesday, attracted by the music.

Thanks to music, there's now a special occasion every week in the pub.

Music and the law

The new licensing regime saw the scrapping of the 'two-in-a-bar' rule, which allowed venues to host one or two musicians without needing a licence. Live music therefore now requires a licence regardless of the number of participants.

Pubs with an existing premises licence which wish to provide live music on a permanent basis must apply to vary their licence - at an average cost, according to the Department for Media, Culture and Sport of £385.

There is an exception to live music being a licensable activity - and that is if the music is deemed 'incidental' to some other activity. It is recommended that licensees discuss this with their licensing authority.

Pubs also need to ensure they have PPL and PRS licences to cover their activities, explains Richard Stewart, a rights negotiation executive for PPL.

"When using music, pubs need to ensure that their PPL and PRS licences cover them for the activities in question," he says. "If they build a smoking shelter and have background music in it, for example, they will need to amend their licence as the audible area will now be larger.

"Also, if they have additional discos and music-based events, they need to declare this to ensure that they are correctly licensed. If new music nights are going to be tried, the proprietor will also need to ensure that this is covered under the operating statement on their premises licence prior to the event taking place."

Making the most of music

Pamela South has had a great deal of success in running music events at her pub, the Brickmakers in Norwich.

She says: "For each night, I pick a suitable band. If it was a party night, I might pick a T Rex tribute band, for another night, it may be an acoustic musician.

"Look at the customers you are aiming to attract.

"A lot of our bands approach us because we have built up a reputation as a music venue. We also meet bands on our jam evenings, when all-comers are welcome.

"We send out press releases and advertise in local music magazines. We also run our own website and send out newsletters, which are very effective in promoting the music."