LICENSING ACT 2003
How it Will Affect Brass Bands and Other Musical Groups
The Licensing Bill was passed in Commons on 10th July and is now in Act form. As you will be aware, the Association, together with many other organisations and individuals, pressured the Government to make amendments to the original proposed Bill. We were successful in achieving a number of concessions but there are clauses that we draw to your attention.
PREMISES LICENCE:
All premises in which Regulated Entertainment takes place for "private gain" must have in place a Premises Licence - that includes playing carols at superstores and shopping precincts (see below under Carol Playing). The responsibility for acquiring a licence rests with the proprietor of those premises. A performance of live music, such as that of a brass band, where an admission charge is made or a collection is made, is regarded as Regulated Entertainment. However, when a band is hired to play at any premises, the band itself will not be responsible for acquiring a Premises Licence
but the leader of that band will be responsible for ensuring that the necessary Licence is in place. The leader will be the person responsible for accepting engagements e.g. Band Secretary/Concert Secretary. A Premises Licence is also needed if you sell hot drinks between the hours of 11.00 p.m. and 5.00 a.m. (could happen if you stage a marathon play-in) unless your band is a Registered Charity.Clarification by the Department of Culture, Media & Sport:
Schools and village and community halls are not exempt from the requirement to obtain a licence to provide for Regulated Entertainment under the Act however they are exempt from the fees. This will be reflected in the secondary legislation that will be passed detailing the level of fees and will also be mentioned in the guidance.
Bands that own their bandroom in which Regulated Entertainment takes place will require a Premises Licence.
EXEMPTIONS:
Incidental Music
Music incidental
to some other activity: such as a boxing match, supporting Morris Dancers, other dance groups or groups such as majorette groups. Those groups would be the major attraction, not the music of the band.Churches
Churches and other places of religious worship: for the purposes of a religious meeting or service or at a place of public religious worship (e.g. it is assumed that Armistice Day services, wherever held, will be exempted).
Clarification by Department of Culture, Media & Sport:
"Under the Licensing Act, churches are exempt from the need for a licence to stage Regulated Entertainment. However, if you wish to serve or sell alcohol during the interval or at the end of the
Performance, a licence or temporary event notice would be required to cover the provision of alcohol".Carol Playing
Clarification by Department of Culture, Media & Sport:
"Carol singers are not specifically exempt from the requirement for a licence under the Licensing Act. Carol singers going from door to door, or just deciding to sing in a particular place, or even turning up unannounced in a pub and singing would not be providing Regulated Entertainment and therefore
would not need a licence, just as drinkers in a public house who suddenly decided to start singing carols would not be licensable. However, where a place such as a shopping centre arranges for a group of singers to sing carols this will be the same as their arranging any performance of live music and a Performance Licence or temporary event notice would be required. Similarly bands that perform at supermarkets would also require a licence to be in place". Many bands rely heavily on playing carols at such venues in order to raise funds. Bands are advised to exercise extreme care when requesting playing facilities at such premises.
UPDATE: 2nd October 2003:
The off-licence that supermarkets have to sell wine, beer and spirits will be replaced by the Premises Licence under the Licensing Act and they will be able to state their intention to stage public entertainment ontheir application for this licence. [confirmation received from the Department of Culture, Media and Sport]. Bands that wish to play at supermarkets are advised to request that the management complete their licence application as above.Garden Fetes
Garden Fetes:
A Premises Licence is not required for garden fete premises. BUT, the Act states that, "if the fete, function or event is promoted with a view to applying the whole or part of its proceeds for purposes of private gain as construed by the Lotteries and Amusements Act 1976", then a Premises Licence will be required.Performances on Moving Vehicles
Vehicles in Motion are exempt "at a time when the vehicle is not permanently or temporarily parked". This will apply to carnival processions!
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It has been suggested that the change over to the Licensing Act 2003 will commence on
1st January 2004.
The Association holds a hard copy of the Licensing Act 2003 so we may be able to help you if you have any queries.
The Association is providing these notes for your guidance and cannot accept any legal responsibility for their misinterpretation.
If you are in any doubt about the Act, or any of its clauses, you are advised to obtain a copy of the Licensing Act 2003 from:
The Stationery Office, PO Box 29, Norwich, NR3 1GN
Orders can be placed by telephone on 0870 600 5522 or Fax on 01603 0870 600 5533
Cost is £16.50 and delivery is within two days.
It is suggested that when your band is engaged for a performance in a place that legally requires a Performance Licence, that you provide a document that has to be completed by the hirer declaring that the premises do have such a licence in place. This procedure will at least exonerate your band secretary or other official responsible for band engagements.
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