Nevertheless, the Act marks a significant change for licensed premises in the provision of live music. Though its provisions are complex, its effect is relatively simple.
Here’s a guide to its main points. Among other things the Act de-licences live music in certain venues, meaning you don’t need live music authorised on your licence. The basic criteria are as follows:
- Pub, club, nightclub, bar, café or other venue owners must be licensed for the sale or supply of alcohol for consumption on the premises.
- The premises must be open for the sale of alcohol while the live music is taking place for the exemption to apply.
- The Act only applies to live music, ie bands, two performers, solo artists, orchestras etc — it doesn’t apply to DJs, any other type of recorded music or any other kinds of regulated entertainment.
- If the live music is amplified, the exemption only applies with audiences of 200 or less (staff and performers are not included in this number).
- The capacity of the premises is irrelevant — it’s the audience size that counts.
- If the live music is unamplified, then there is no limit on the audience number.
- The exemption only applies to live music between the hours of 8am to 11pm, Monday to Sunday.
If a premises fits all of the above criteria (and many will) then the vast majority of music-related conditions on the licence won’t apply. In other words, a condition stating “doors and windows to be closed during regulated entertainment”, or “noise limiters will be used during live music”, won’t be enforceable (if in doubt check with your council licensing officer).
Operators could (if they wished and thought it wise) open their doors and windows, and switch off any noise limiter. However, if the band played until 11.01pm, or the audience reached 201 customers, or there was another form of entertainment taking place as well as the live music then these conditions would bite. Licensees will need to stick strictly to the criteria.
A word of warning — one of the reasons the Bill made it into law was because there are already ample measures for noise pollution officers to deal with noise nuisance, for example noise abatement notices. If the band is causing a noise nuisance there is a risk of being slapped with such a notice, regardless of the Live Music Act — so if you have sensible noise conditions you might wish to comply with them as a sort of best-practice guide.
There’s also only one chance to benefit from the exemption, because under the Act if you cause a noise nuisance and are brought to review before the licensing authority, it can remove the exemption. Additionally, of course, there will be other non-music conditions on your licence that still apply — and check your planning permissions just in case, too.
The Government is using the next few months to amend its guidance and bring any reluctant licensing authorities on board. We’ll update you when we know more.
In the meantime, pencil in some bands for October, and look forward to your customers enjoying some great live music without you worrying about noise conditions — just don’t forget about your neighbours.