Live Music Act: Legal Q&A for pubs

It also has the effect of suspending any live music ‘related’ conditions between 8am and 11pm provided the above criteria are met.

In terms of unamplified music, this is no longer a licensable activity between the hours of 8am and 11pm, no matter what the audience is and no matter where it is played (or sung). The other significant amendment introduced by the LMA is that the facilities for making music and the facilities for dancing are no longer licensable activities, whatever time and wherever they are provided.

Q. What exactly is a live music ‘related’ condition?​
In some cases it will be evident where a condition is related to live music, such as where an application has been made to vary a premises licence to include live music and the condition has either been offered by the applicant, requested by the authorities or imposed at a subsequent hearing.

Unfortunately, there is no family tree of conditions, and therefore other conditions may prove to be harder to decipher. An application may have been made not only to provide live music but also to extend the hours on the premises licence for the sale of alcohol, when a condition requiring doorstaff was imposed. Is this a live music ‘related’ condition? While one could argue it formed part of an application for live music, it was also related to the extension of hours and, unless there is evidence that the condition was imposed at a hearing or requested by the authorities because live music was being offered, such a condition is unlikely to be suspended.

Similarly, a condition that “all doors and windows should be kept closed” would need investigation. If the condition was imposed because of concerns over the noise of live music it would be suspended between 8am and 11pm, but if it had been imposed because of the noise of customers within the premises, then it would not. We’d anticipate that if there is doubt, then the licensing authorities are likely to insist the condition is still in force.

Q. Are live music ‘related’ conditions that have been imposed at a review of a premises licence also suspended?​
Yes, they are and have no effect after 1 October 2012 between 8am and 11pm if the qualifying criteria are met, other than any conditions that have been imposed on a summary review under section 53C (3) of the Licensing Act 2003.

It is hard to envisage many (if any) examples of conditions relating to live music that will have been imposed as part of a summary review. It is hard to imagine a summary review being brought as a result of a live band playing at licensed premises that has led to serious crime and disorder, and the imposition of conditions as a result of such an event.

Q. How does the audience limit work? Is it the number in the premises or those listening to the live music?​
The capacity limit of 200 refers to an audience and therefore only relates to customers who are listening to the music. It would not include the staff and performers themselves. A large venue that has a number of rooms could host live music in one room for up to 200 people, where the live music is not a licensable activity until 11pm and where the conditions are suspended provided the prerequisite conditions are met.

In the other rooms, where no live music is taking pace, the conditions would continue to apply. People who may be in another room who are not there to watch the live music but who may be able to hear it would not form part of the 200 audience limit.

More Q&As to come...