License to killjoy

By Adam Ford

The Government’s new Licensing Bill, currently before the House of Lords, has received much media attention, most of it positive. The headline-grabbing aspect of the proposed legislation has been the promise to allow pubs, bars and clubs the right to set their own opening hours, and this has been widely welcomed. However, less well-known is a proposed change to the way entertainment licenses are awarded to venues. The new measures, put-forward by controversial Culture Minister Kim Howells, have been described as a threat to live music by the Musicians’ Union, and leading Human Rights lawyer Robin Allen QC believes they are ‘in conflict’ with the government’s own Human Rights Act. But Howells has defended the new laws, claiming on Radio One he has ‘no intention of doing anything that will jeopardise live music or new bands coming up’. So just what are the planned alterations?

The abolition of the ‘two-in-a-bar’ rule. Premises such as bars, pubs and restaurants were allowed to have one or two musicians performing without needing a Public Entertainment Licence. Not any more. Under the new bill, these premises will have to re-apply for a new Licence if they wish to have live entertainment on their premises. The cost of the licence is yet to be decided, but Howells has estimated ‘between £50 and £150 per year’. This will cover the cost of government inspections. Licence applications will be under the control of Local Government giving residents more opportunity to have their say and possibly object. Anything deemed a ‘public performance’ requires a Licence, as does any venue that could be regarded as providing ‘entertainment’ facilities. Venues AND performers who provide entertainment without a covering licence will face a fine of £20,000 and/or 6 months in prison

Howells, who (in)famously described Turner Prize entrants as ‘bullshit’ and blamed rising street violence on rap music, is supposedly introducing the shake-up in an attempt to reduce complaints about noise pollution. However, recorded music and television (such as MTV or Sky) is exempt from the ruling at any volume, calling into question the Minister’s motives.
What effect do YOU think the new Act will have? Nerve wants to hear opinions from performers, venue owners, legal people or just fans of grassroots music, for a larger article in the next issue. So if you are interested in contributing, phone...or email...