The following from Hamish Birchall
The Government has defeated the small events exemption proposed by Opposition Peers.
The Lib Dem/Conservative alliance crumbled in the House of Lords this afternoon. The Government won by 145 votes to 75. The reason for the turnaround was that during behind the scenes horse trading late last night, the Government offered an outright exemption to morris dancing, and a marginal concession for unamplified live music. This appeared to satisfy the Lib Dems who decided to vote with the Government. The letters to all Peers from the Association of Chief Police Officers and the Local Government Association opposing the exemption were also influential.
There were powerful speeches in support of the exemption from Baroness Buscombe, who led for the Conservatives, and Lord Colwyn. Significantly, Lord Lester of Herne Hill, the guru of human rights law, also spoke out strongly against the Government position. He warned that it was, in his view, disproportionate interference with the right to freedom of expression under Article 10 of the European Convention. He contrasted the level of licensing control with the exemption for big screen entertainment (as did Lord Colwyn, and Baroness Buscombe). He speculated whether Lord McIntosh, the Government spokesman, would in a court of law still say that the Government's position was proportionate.
Lord McIntosh did not answer that point, but said the Government had made a commitment to review the new Licensing Act 6-12 months after the Transition Period - which means in about 2 years' time. He also announced that a 'live music forum' would be set up by the DCMS to encourage maximum take-up of live music under the new rules.
As a formality, the Commons will ratify the Government amendments (probably next Tuesday 08 July) and the Bill should receive Royal Assent by 17 July.
So what will the Bill mean for live music? It is anyone's guess whether it really will lead to a significant increase in employment opportunities for MU members, and/or new venues allowing amateur performance. A positive outcome will depend to a great extent on the proactive efforts of musicians, performers unions, and the music industry, to make the best of the new law.
What has been achieved? When the Bill was published it proposed a blanket licensing requirement for almost all public performance and much private performance. All performers were potentially liable to criminal prosecution unless taking all reasonable precautions to ensure venues were licensed for their performance.
Lobbying has led to:
* A complete exemption from any licensing requirement for regulated entertainment provided in a public place of religious worship. * A similar exemption for garden fetes and similar functions, provided they are not for private gain. * An exemption from licence fees for village halls and community premises, schools and sixth form colleges. * An exemption for the performance of live music (amplified or unamplified) anywhere, if it is 'incidental' to other activities such as eating and drinking (but not dancing, or another licensable entertainment). * An exemption from licence conditions (but NOT the licence itself) for unamplified live music in places such as bars, pubs, clubs, restaurants (i.e. where alcohol is sold for consumption on the premises) between 8am and midnight (subject to review, if, for example, this gives rise to problems for local residents). * A limitation on licence conditions for amplified music in pubs, bars etc (subject to the same review procedure above), restricting those conditions to public safety, crime and disorder only. * A complete exemption for morris dancing and similar, and any unamplified live music that is 'integral' to the performance. * An exemption from possible criminal prosecution for ordinary performers playing in unlicensed premises or at unlicensed events. Now only those responsible for organising such a performance are liable, this includes a bandleader or possibly a member of a band who brings an instrument for another player to use. There remains a 'due diligence' defence, however (taking all reasonable precautions first etc).
* A clarification that at private events, where musicians are directly engaged by those putting on the event, this no longer triggers licensing (however there remains an ambiguity that if entertainment agents are engaged to provide the band, this does fall within the licensing regime). In spite of all this, the Bill does mean 'none in a bar' is the starting point of the new licensing regime. Any public performance of live music provided to attract custom or make a profit, amplified or not, whether by one musician or more, is illegal unless licensed (other than in public places of religious worship or garden fetes etc). In the opinion of leading human rights lawyers, like Lord Lester, this remains a disproportionate interference with the right to freedom of expression - whatever the Government may say about how easy or cheap it is to get the licence. The point being that there is and never has been evidence of a problem sufficient to justify such interference. Why add new rules where there are enough already?
The Bill for the first time extends entertainment licensing across all private members clubs, and registered members clubs.
It also captures private events, such as charity concerts, if they seek to make a profit - even for a good cause.
The Bill creates a new category of offence for the provision of unlicensed 'entertainment facilities', which would include musical instruments provided to members of the public for the purpose of entertaining themselves, let alone an audience.
However, the 'incidental' exemption could prove to be quite powerful, but that will depend to a great extent on how local authorities choose to interpret the provision. The Guidance that will accompany the Bill may become particularly important on that point, and others.
This is by no means an exhaustive analysis of the Bill's provisions for live music, but should serve as a summary.
My sincere thanks to all who have kept pace with these developments and lobbied their MPs, Peers and the press.
My thanks to Hamish.