I write in response to your article entitled ‘Pubs rejoice as barrier is lifted on live music’ which appeared in the West Sussex County Times edition of Thursday October 11.
Whilst the introduction of the Live Music Act 2012 will no doubt be welcomed by many in the trade and some of your readers the article is slightly misleading and important provisions contained within the Act have been missed out altogether.
In particular I would point out that Live Music is no longer classed as Regulated Entertainment in venues licensed for the sale of alcohol for consumption on the premises in the following situations only, namely:
When it is unamplified and takes place between 8am and 11pm.
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.
The premises must be open for the sale of alcohol during the time that the live music is provided for the exemption(s) to take effect.
Additionally, whilst any condition attached to the Premises Licence relating to live music cease to have effect in respect of the live music all other conditions on the licence remain in place, unless the licensing authority states otherwise on the licence pursuant to a Review Hearing.
For those premises which are not licensed for alcohol sales, the Act states that live music is not regulated entertainment when it is unamplified and again takes place between 8am and 11pm.
Amplified live music in non-licensed venues still requires formal authorisation from the licensing authority, such as a Premises Licence or Temporary Event Notice.
A Temporary Event Notice (TEN) is given by an individual who must be aged 18 or over (a premises user) and authorises the premises user to conduct one or more licensable activities at premises for no more than 168 hours.
A TENs can be used to authorise relatively small-scale ad hoc events held in or on any premises involving less than 500 people at any one time including any staff, performers, etc and is subject to certain restrictions
If you or your readers have any questions regarding the 2012 Act or any other licensing issues relating to the Sale by retail of Alcohol, Regulated Entertainment and/or the Provision of Late Night Refreshment then they should contact the local licensing team on 01403 215578 or email firstname.lastname@example.org
Licensing officer, Horsham District Council, North Street, Horsham
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