Pubs fear action on 'loud' live music

Pubs could need a licence to host performances of "loud" unamplified music such as bagpipes, drums or brass instruments if council chiefs get their way.

Local council regulator LACORS says a clearer definition is needed for "incidental" music, which doesn't need to be licensed.

It came in LACORS' response to a Department for Culture, Media & Sport (DCMS) consultation, seen by the Morning Advertiser, that seeks to clarify what entertainment facilities are licensable.

LACORS said "further clarification and examples" of entertainment facilities are needed in the guidance.

DCMS should set out "negative" examples of instruments that are "unlikely to be capable of producing incidental music", to provide "clarity" for operators and performers. It gives examples of bagpipes, drums and brass instruments. LACORS also says the guidance should make it clear music involving multiple instruments is "very unlikely to fall within incidental music exemptions".

Live music campaigner Hamish Birchall said: "The LACORS idea is unworkable. Tablas and finger cymbals would be illegal unless licensed. It shows the depth of ignorance about music-making within local authorities.

"The idea was tried in New York, but struck down in 1988 in a lawsuit brought by musicians. The judge ruled it breached their first amendment rights — what we know as 'freedom of expression'."

The consultation, which was launched in January, outlined the DCMS's plan to let customers play instruments to "entertain themselves".

The consultation closed on 26 February, but any action will not take place this side of the General Election.