Pubs urged to consider "incidental music" exemption

The Musicians' Union (MU) is hosting a band without applying for a licence in a bid to encourage pubs to consider using the "incidental music" exemption within the current licensing regime.

The MU has cleared it with Lambeth Council that having the act Sahara play at its offices in South London at its AGM does not need a licence because the music will be "incidental".

Under guidance introduced with the Licensing Act, "incidental music" - which is defined as music that is incidental to an event and not the reason people are attending - is allowed without a licence.

But the MU feels there is a lack of understanding around the rule.

Horace Trubridge, MU assistant general secretary, said: "Pubs and restaurants are often wary of putting on live music at their venues because they think that they will need to change their licence or fill in a lot of paperwork.

"In reality, the guidance for the Licensing Act 2003 allows for music to take place without a variation of the licence where it is not the main reason people are attending the venue."

He urged any pub interested in taking advantage of the exemption to contact their local licensing officer.

Dave Webster, London Regional Organiser for the MU said the event was hoping to show hosting live music does not have to be a "bureaucratic nightmare".

However the Local Government Association has admitted there is no "strict legal definition of incidental music" and some remain critical of how this can be interpreted.

Feargal Sharkey, chief executive of UK Music, told The Publican​ in an interview last month: "The incidental music variation has been there for five years and it's failed miserably, so why do they think it's going to work this time around?"

In the same interview he backed The Publican's​ Listen Up! ​ campaign which is calling for a relaxation of the laws around live music.