Commentary on Sections
Section 1: Licence review for live music entertainment
16.Section 1 amends section 177 of the 2003 Act, which currently applies to dancing and live music in small premises, so that it applies only to dancing.
17.This section also adds a new section 177A to the 2003 Act dealing with live music taking place in premises authorised to be used for the supply of alcohol for consumption on the premises. Its effect is that conditions in a premises licence or club premises certificate relating to live music will not have effect where the requirements set out in section 177A(1)(a) to (c) are satisfied. However, on a review of the premises licence or club premises certificate, a condition relating to live music may be made effective by altering it to include a statement that section 177A does not apply. In addition, at a review a licensing authority may add a condition relating to live music as if the live music were regulated entertainment authorised by the licence or certificate.
18.Section 177A(5) contains a list of the provisions in the 2003 Act under which conditions to which section 177A applies may be included in, or added to, a premises licence or club premises certificate.
Section 2: Removal of requirement to licence the provision of entertainment facilities
19.Section 2 removes from Schedule 1 to the 2003 Act all references to entertainment facilities (facilities for making music or dancing). Its effect is that the provision of entertainment facilities no longer amounts to regulated entertainment and is therefore not licensable.
Section 3: Exemptions for live music entertainment
20.Section 3 amends Part 2 of Schedule 1 to the 2003 Act, which contains exemptions where specified activities are not to be regarded as the provision of regulated entertainment.
21.Subsection (2) extends the exemption relating to music accompanying morris dancing in paragraph 11 of Schedule 1, so that it applies to live or recorded music instead of unamplified live music.
22.Subsection (3) inserts a new paragraph 12A into the Schedule so that live music taking place on premises authorised to supply alcohol for consumption on the premises is exempt from entertainment licensing provided firstly that the requirements of the new section 177A(1)(a) to (c) are satisfied; and secondly that conditions about live music have not been included on a review of the licence or club premises certificate. Where a licensing hours order has been made under section 172 of the 2003 Act to mark an occasion of exceptional international, national or local significance, the time of day to which this exemption applies will be extended to cover the period specified in the order.
23.Subsection (4) inserts a new paragraph 12B into the Schedule exempting live music from a licensing requirement if it takes place in a workplace not otherwise licensed under the 2003 Act (or only licensed for late night refreshment), provided that the requirements of sub-paragraphs (b) and (c) of paragraph 12B are met.
24.Subsection (5) inserts a new paragraph 12C into the Schedule exempting unamplified live music from entertainment licensing provided that it takes place between 8am and 11pm on the same day. Where the music takes place in premises authorised to supply alcohol for consumption on the premises, this exemption is subject to the proviso contained in section 177A allowing a licensing authority to make conditions relating to live music effective on a review of the licence or club premises certificate.
