Musicians Union sets out proposals for measures to lessen the negative impact of the Licensing Act 2003.
The debate over the Licensing Act 2003 was re-ignited last week when the Musicians Union (MU) issued five key recommendations to the Department of Culture, Media and Sport (DCMS) on changes that would help live music in the UK to thrive. The recommendations aim to influence any future DCMS review of the legislation, and come in advance of a forthcoming report from the DCMSs Live Music Forum, which was set up by the Government to monitor the impact of the Act on the provision of live music and make proposals on how to encourage its growth. Whilst the MU is still of the opinion that the inclusion of regulated entertainment in the Licensing Act is unnecessary, it acknowledges that an opportunity to revise the Act comprehensively is not likely to occur for a number of years, and is therefore proposing a constructive way forward.
The Union points to the four licensing objectives at the heart of the legislation the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm and states that, it remains hard to imagine many circumstances where [these] four& objectives would be breached or compromised by the performance of live music. Its recommendations cover a range of areas said to be adversely affected by the legislation. Specifically it calls for a change in the definition of incidental music, the introduction of a fast-track inexpensive method of varying a licence to include regulated entertainment, and greater encouragement for licensees to seek variations and extensions on their current licences. The MU argues that many licensees misguidedly operate under self-imposed conditions, too restrictive for their purposes. An exemption for so-called micro-venues, those having a capacity of 100 or less, is also recommended amidst concerns that a small number of such venues have been affected by the removal of the former two-in-a-bar rule, which used to permit two musicians to perform without a Public Entertainment Licence. The MU is also calling on the Government to consider the use of tax breaks as rewards to venues displaying a clear commitment to live music.
The new proposals constitute both a revision of MU policy in the light of new research and a confirmation of its existing position on the impact of the Act. They come in the wake of MORI polls conducted by the DCMS, and as a direct result of surveys conducted by the Union itself in 2005 and 2006, which revealed that, although the Act has had little effect on the provision of live music, the law and order nature of the legislation remains an unnecessary obstacle to live performance. Praising the MUs stance, General Secretary John Smith said, Our opinion of this method of licensing entertainment remains& namely that live music does not pose a threat to law and order and should not be licensed in this manner. We have offered [these] recommendations which, if implemented, could make all the difference and even lead us to changing our minds. These are made in the spirit of co-operation and we hope that the Secretary of State will accept them and so ensure that the Licensing Act is indeed a music-friendly Act.