The Live Music Act 2012 comes into force on the 1st October 2012 and in a nutshell, it will:
- Remove the licensing requirements for amplified music between 0800 hrs and 2300 hrs before audiences of no more than 200 people on premises authorised to sell alcohol for consumption on the premises and in workplaces not otherwise licensed under the Licensing Act
- Permit unamplified live music between 0800 hrs and 2300 hrs in all venues
Premises licences currently may authorise regulated entertainment and entertainment facilities however as a result of the new Act:
- Entertainment facilities e.g. making music and dancing will no longer be licensable.
- Live music will no longer be licensable unless:
- It takes place other than between 0800hrs and 2300 hrs.
- It takes place other than on licensed premises or in a workplace.
- It takes place at licensed premises at a time they are not open for the supply of alcohol.
- It takes place in the presence of an audience of more than 200.
- A licensing authority intentionally removes the effect of deregulation imposing conditions on a licence as a result of a review.
- Any existing conditions on a licence which relate to living music will be suspended between the hours of 0800 hrs and 2300 hrs.
- Amplified live music will be permitted between 0800 hrs and 2300 hrs to an audience of no more than 200 in beer gardens whether the garden is included in the plans attached to the premises licence or not as they will either be part of the licensed premises or a workplace.
- Unamplified music in the beer garden between 0800 hrs and 2300 hrs is exempt from licensing requirements.
You must remember that premises can still be reviewed and conditions applied to a licence. It is highly likely that if live music takes place whether amplified or not at such a volume as to cause a nuisance to nearby neighbours that the benefits of the Live Music Act could be removed or restricted by the Licensing Authority on review and of course regardless of the new Act the Environmental Protection Act will still apply should there be noise nuisance.
For further information, please contact Andrew Cochrane.