Legal Q&A: the rules around live music outside

Q. My pub has a small outside garden and now the weather is finally starting to improve, I have started to use this space for live entertainment.  ​

I have started having a local singer from the high school on Thursday, really low key and background, just to add some atmosphere, however, the licensing authority has said that I am not allowed to do this as my licence only authorises live music indoors and they don’t think it’s a good idea anyway due to nearby neighbours overlooking the garden. I have carried out a full risk assessment and I see no problem. Is there?​

A. Let’s look at the issue of live amplified music under the Licensing Act firstly.  Up until 11pm, you should be able to have live amplified music. This will either be because your garden area is considered part of the licensed premises or, if it is not (usually because it is not shown on the licensed plans within the red line where alcohol can be sold) it is still considered a “workplace”, and workplaces benefit from similar relaxations for live amplified music as licensed premises do. 

The Government guidance is very clear that a workplace is a very wide term that can include outdoor spaces. Whether the garden is part of your licensed premises or is considered a workplace, you should be able to have live amplified music until 11pm.

However, just check your premises licence to ensure there are no conditions which prevent you from having music outside in the courtyard. Note also that unamplified music can take place anywhere until 11pm. You could also argue the music is background and exempt from licensing completely, if the music is genuinely low-level and not an attraction to customers in itself. It can get a little complicated legally, and if your licensing officer is adamant you may need to take legal advice.

Regarding your neighbours, it is always advisable to ensure that you do not cause a nuisance to any local residents nearby your premises. Even though legally you may be permitted to have live music in your garden, you can still cause a nuisance to your neighbours and they can complain to the local authority noise team.

It is strongly advised that before putting on any music that might cause complaints, to go and speak with your neighbours and explain what you are planning – and, where appropriate perhaps offer them free or discounted tickets.

• Felix Faulkner​​ is a solicitor at Poppleston Allen​​