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The lack of clarity in the 2003 Licensing Act, coupled with over zealous local authorities, is to blame for a number of small-scale live music events being cancelled or having unnecessary restrictions placed on them, according to a report by the Live Music Forum (LMF). Tasked by the Government with monitoring the impact of the Act on live music and making recommendations on how the UKs live music industry might be given a further boost, the LMF has concluded that the new laws have in general had a neutral effect on the UKs live music scene. But the report points out that, whilst larger venues have seen some benefits from the new laws, for example by the removal of a separate fee for the licensing of live music and the annual renewal process, some small establishments have experienced difficulties.
Although the majority of local councils were found to have been helpful when dealing with applications for live music, there were several instances where councils were seen to have acted unreasonably. The report puts forward 28 recommendations, including proposals that small music venues and those putting on acoustic gigs should not have to acquire a licence to stage live music, and that the Government should define incidental music to exempt small venues (less than 100 capacity) from needing a licence for live music or for performances that arent the main attraction at a venue. The report also suggests that existing music venues should not be liable to pay for noise-related issues if new homes are built nearby, and that local authorities should be encouraged to set up rehearsal spaces for local musicians. The LMF was set up in January 2004 and is chaired by the musician Feargal Sharkey, who said, The Government needs to do more to help grass roots musicians and particularly small venues. Of course public events do need to be properly controlled, but we believe that a pub putting on an acoustic folk trio, for example, should not need a licence. That small acoustic gig does not impact on crime, disorder or public safety so should not fall under the remit of the licensing laws.