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date: Mon, 13 Jul 2009 10:25:14 +0100,    group: uk.music.folk        back       
Licensing - Dangerous pianos   
The following From Hamish Birchall

Yes, it's true.  Providing a piano for the public to play, or for a 
performer to play at a public concert, is a potential criminal offence under 
the Licensing Act 2003 - the legislation touted by ministers as 'a licensing 
regime for the 21st century'.

The pianos have to be licensed as 'entertainment facilities'.  The 
rationale: public protection.  Maximum penalty for unlicensed provision, 
where a licence is required: a £20,000 fine and six months in prison.

The implications for schools and music colleges could be serious. By 
contrast, of course, big screen broadcast entertainment is exempt, anywhere, 
anytime.

This is not some obscure anomaly of the legislation.  The piano licensing 
requirement was in fact enforced vigorously by London councils to the 30 
pianos set up only a few weeks ago in London streets under the 'Play me I'm 
your's' scheme: http://www.streetpianos.com/london2009/  and 
http://www.singlondon.org/

As Robert Hardman reported in the Daily Mail of 23 June:

'Every piano has required both planning permission and a temporary events 
licence, not to mention meetings with the police and a constellation of 
local government functionaries. There would actually be more pianos 
scattered across London were it not for the red tape and local jobsworths. 
Notting Hill, for example, likes to bang on about its wonderful carnival and 
its million-plus multicultural punters. Yet a few local residents have 
objected to a solitary, unamplified piano there.  Without the time or 
resources for a planning battle (she has a shoestring budget of £14,000), 
Colette [one of the piano event organisers] has just taken that particular 
piano elsewhere.  Some pianos have only been given council permits as long 
as they are padlocked all night. That would make sense if they were all in 
residential areas.  But why, say, at Liverpool Street station?  How is Knees 
Up, Mother Brown going to make more noise than the Stansted Express?  When a 
trial piano went into action next to the Millennium Bridge the other day, a 
police community support officer was on the scene in an instant to check its 
credentials.  You can burgle to your heart's content, but if you try to play 
Greensleeves on an unlicensed piano, matey, you're nicked. This event even 
surfaced in a House of Lords debate on licensing last week [the 'minor 
variations' debate on 15 June].'
[p32, 'Roll over Beethoven: How I see it']
http://www.dailymail.co.uk/news/article-1194875/Strolling-Beethoven-Playing-PIANO-street--start-new-craze.html

It was Lord Clement-Jones who raised this during Parliamentary debate, and 
in a letter to The Guardian published on 15th June, pointing out that this 
turned the licensing clock back more than 100 years:
http://www.guardian.co.uk/uk/2009/jun/15/letters-licensing-act-live-music

But what of the implications for schools?  They provide pianos and many 
other musical instruments for pupils to perform with at school concerts open 
to the public and private concerts raising money for good causes (also 
licensable under the Act). Lord Clement-Jones has now raised this directly 
with government through two Parliamentary Questions:

'... to ask Her Majesty's Government what information or guidance has been 
provided to schools and local authorities concerning the requirement to 
license the provision of musical instruments as "entertainment facilities" 
under the Licensing Act 2003 where such instruments are used in public 
performances of live music or private performances that seek to raise money 
for good causes. HL4839'
'... to ask Her Majesty's Government what proportion of schools in England 
and Wales are licensed under the Licensing Act 2003 for performances of live 
music and the provision of musical instruments as "entertainment facilities". 
HL4840'

See: 
http://www.parliament.the-stationery-office.co.uk/pa/ld200809/minutes/090707/ldordpap.htm 
(search on page for Clement-Jones)

Answers are expected by the end of July.

ENDS
date: Mon, 13 Jul 2009 10:25:14 +0100   author:   Roger Gall

Re: Licensing - Dangerous pianos   
The message 
from "Roger Gall"  contains these words:

> The following From Hamish Birchall

> Yes, it's true.  Providing a piano for the public to play, or for a 
> performer to play at a public concert, is a potential criminal offence
> under 
> the Licensing Act 2003 - the legislation touted by ministers as 'a
> licensing 
> regime for the 21st century'.

> The pianos have to be licensed as 'entertainment facilities'.  The 
> rationale: public protection.  Maximum penalty for unlicensed provision, 
> where a licence is required: a £20,000 fine and six months in prison.

> The implications for schools and music colleges could be serious. By 
> contrast, of course, big screen broadcast entertainment is exempt,
> anywhere, 
> anytime.

I've been asked to put a small group to play acoustically at a freind's
wedding reception picnic in the public grounds of a place somewhere near
buxton.  From those who know about these things, are we going to need a
licence?

I have no particular predeliction to obeying daft laws, and in fact have
a proud personal history of breaking them whenever possible, but would
need to make the bride aware that they may end up spending their
honeymoon in clink. Or paying our fines, should we end up there instead.

Any suggestions?
date: Mon, 13 Jul 2009 16:53:21 +0100   author:   Arthur Marshall

Re: Licensing - Dangerous pianos   
"Arthur Marshall"  wrote in message 
news:31303030323539354A5B668173@zetnet.co.uk...
> I have no particular predeliction to obeying daft laws, and in fact have
> a proud personal history of breaking them whenever possible, but would
> need to make the bride aware that they may end up spending their
> honeymoon in clink. Or paying our fines, should we end up there instead.

Can't help with the former possibility (unless we could manage to only blow 
the bloody doors off). If you need your fines paying, I'll help.

And all hail the "proud personal history of breaking [daft laws] whenever 
possible"!!!

Che
--
http://www.fivetrees.com
date: Mon, 13 Jul 2009 23:20:33 +0100   author:   Steve at fivetrees

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