Licensing Act 2003 (c. 17)

Part 9 E+W Miscellaneous and supplementary

Small premises E+W

[F1 177A Licence review for live [F2 and recorded] music E+W

[F3 (1) Subsection (2) applies where—

(a) music takes place on premises which are authorised by a premises licence or club premises certificate to be used for the supply of alcohol for consumption on the premises,

(b) at the time of the music, the premises are open for the purposes of being used for the supply of alcohol for consumption on the premises,

(c) if the music is amplified, it takes place in the presence of an audience of no more than 500 persons, and

(d) the music takes place between 8am and 11pm on the same day (or, where an order under section 172 has effect in relation to music, during any times specified under that order).]

(2) Any condition of the premises licence or club premises certificate which relates to live music[F4 , recorded music or both does not have effect in relation to the music] unless it falls within subsection (3) or is added to the licence in accordance with subsection (4).

(3) A condition falls within this subsection if, on a review of the premises licence or club premises certificate it is altered so as to include a statement that this section does not apply to it.

(4) On a review of a premises licence or club premises certificate a licensing authority may (without prejudice to any other steps available to it under this Act) add a condition relating to F5 ... music as if—

(a) the F5 ... music were regulated entertainment, and

(b) the licence or certificate licensed the F5 ... music.

[F6 (4A) This section does not apply to music which, by virtue of a provision other than paragraph 12A or 12C of Schedule 1, is not regarded as the provision of regulated entertainment for the purposes of this Act.]

(5) In this section—

• “condition” means a condition—

  (a)

  included in a premises licence by virtue of section 18(2)(a) or (3)(b), 35(3)(b), 52(3) or 167(5)(b),

  (b)

  included in a club premises certificate by virtue of section 72(2)(a) or (3)(b), 85(3)(b) or 88(3),

  (c)

  added to a premises licence by virtue of its inclusion in an application to vary the licence in accordance with section 34 or 41A which is granted under section 35(2) or 41B(3) (as the case may be), or

  (d)

  added to a club premises certificate by virtue of its inclusion in an application to vary the certificate in accordance with section 84 or 86A which is granted under section 85(2) or 86B(3) (as the case may be);

• “live music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(e) of Schedule 1;

• [F7 “music” means live music or recorded music or both;]

• [F7 “recorded music” means entertainment of a description falling within, or of a similar description to that falling within, paragraph 2(1)(f) of Schedule 1; and]

• “supply of alcohol” means—

  (a)

  the sale by retail of alcohol, or

  (b)

  the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club.]

Textual Amendments

F1 S. 177A inserted (1.10.2012) by Live Music Act 2012 (c. 2), ss. 1(2), 4(2); S.I. 2012/2115, art. 2

F2 Words in s. 177A heading inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(2)

F3 S. 177A(1) substituted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(3)

F4 Words in s. 177A(2) substituted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(4)

F5 Word in s. 177A(4) omitted (6.4.2015) by virtue of The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(5)

F6 S. 177A(4A) inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(6)

F7 Words in s. 177A(5) inserted (6.4.2015) by The Legislative Reform (Entertainment Licensing) Order 2014 (S.I. 2014/3253), arts. 1(1), 2(7)