On Friday 27th January 2012 the Live Music Bill passed its final stage in the House of Lords.  Whilst there were several minor amendments, it has been approved and the Bill, now in its final form, has now been passed for Royal Assent.  Common sense suggests this will take place before Her Majesty the Queen's Diamond Jubilee (June) and the Olympics (July).

What does it mean?

The Bill seeks to relieve some regulatory burdens under the Licensing Act 2003 as follows:

Venues licensed to sell alcohol providing Live Music

Live music will cease to be regulated entertainment in venues which are open and licensed for the sale of alcohol for consumption on the premises in the following situations: 

• when it is unamplified and takes place between 8am and 11pm; and,
• when it is amplified and takes place in the presence of an audience of 200 persons or less and is provided between 8am and 11pm.

Any condition which are attached to the Premises Licence, and relate to live music cease to have effect in respect of the live music.   However, this does not relieve the operator of responsibility for noise and nuisance caused, a fact reflected in the power of the local authority to review the licence and subsequently impose conditions.  Many existing conditions will in the majority of cases already refer to recorded music, which is unaffected.  Clearly, the powers of the local authority provided under other legislation, such as noise abatement notices, remain unaffected.

Venues not licensed to sell alcohol providing Live music

For premises which are not licensed for alcohol sales, live music would not be considered as regulated entertainment, so long as it is unamplified and takes place between 8am and 11pm.

Amplified live music would still require either a Premises Licence or Temporary Event Notice obtained from the Local Authority.

Provision of facilities for making music and dancing

The Bill also removes the provision of facilities for making music and dancing as forms of regulated entertainment, which has always been a source of debate, and is a welcome amendment.