The first wave of deregulation of entertainment licensing occurred by way of the Live Music Act 2012. This was then shortly followed by the Licensing Act 2003 (descriptions of entertainment) (amendment) Order 2013. The effect of these amendments is that the following activities are no longer licensable when they take place between 08:00 and 23:00 on any day:
- Performance of a play in the presence of an audience of no more than 500 people
- An indoor sporting event in the presence of an audience of no more than 1,000 people
- A performance of dance in the presence of an audience of no more than 500 people
- Live music where the live music compromises:
- A performance of unamplified music
- A performance of live amplified music in a workplace with an audience of no more than 200 people
- A performance of live music on licensed premises which takes place in the presence of an audience of no more than 200 people
There is a second wave of deregulation of entertainment licensing proposed for which no date has yet been given for implementation. The proposals currently would mean that the following will no longer be licensable when they take place between 08:00 and 23:00 on any day:
- Entertainment activities at Local Authority Hospitals and School premises (not higher education) where the event is hosted by or on behalf of the organisation (with no audience limit)
- Entertainment activities as part of nursery provision on non-domestic premises
- Live music in Licensed premises (open for the sale of alcohol for the consumption on the premises) or in a workplace with an audience of no more than 500 people
- Recorded music in Licensed premises with an audience of not more than 500 people
- Live and recorded music at Local Authority Hospitals, Schools and Community premises (where the entertainment is arranged by others e.g. the premises is hired out) with an audience of not more than 500 people
- Live and recorded music, plays, dance and indoor sport at tented circuses between 08:00 and 23:00 with no audience limits
- Greco, Roman and Freestyle Wrestling at any premises with no audience limits
An additional proposal is to suspend the effects of any current condition on a Premises Licence that relates to recorded music between 08:00 and 23:00, to mirror the provision for Live Music conditions brought in by the 2012 Act.
In proposing further deregulation of entertainment licensing, the Government states it wishes to remove bureaucracy and cost from community entertainment activities and to encourage community participation in cultural and sporting events.
They are also wishing to remove burdens from small and medium-sized businesses such as pubs and hotels so they can offer additional activities and diversify.
For further information, please contact Andrew Cochrane.