The following from Hamish Birchall http://www.livemusicforum.co.uk/

Press officers for the Department for Culture, Media and Sport, have been 
instructed to contact the media to correct 'misinformation' about the 
Licensing Act and live music.

One result of this spin offensive appeared on 30 July in The Publican, a 
leading trade magazine:
http://www.thepublican.com/story.asp?storycode=64688

The key DCMS messages are clear, whether implied or explicit: the public 
need protecting from live music; new exemptions are dangerous; licensing is 
the only protection; 'minor variations' - the new £89 permission process - 
will be good for live music; problems are only due to misunderstandings; a 
new leaflet produced with the help of the Musicians Union and LGA will 
clarify the 'incidental music' exemption.

Civil servants must abide by a code of honesty, integrity, objectivity and 
impartiality.  Any honest and impartial account of the DCMS position would 
include an explanation of why legislation other than licensing was, in their 
view, inadequate to address risks arising from small gigs.

I tried to speak about this to Simon Oliver, the DCMS press officer 
nominally responsible for the Publican's piece, but he is apparently away 
'for several weeks'.  Perhaps delivering this DCMS bilge made him ill.

The DCMS position rests on its 'public protection' argument, but this is 
easily dismissed on several grounds: the absence of an explanation of why 
separate legislation is inadequate; the absence of evidence that live music 
is a significant source of noise or disorder; and the exemption for 
broadcast entertainment.

On 14 May 2008, riots broke out in Manchester during outdoor big screen 
broadcasts of the UEFA cup final. Questions were raised in Parliament. Would 
the government review the broadcast exemption in light of the violence? 
Answer: no. Why? Answer: Alcohol is the problem, not the broadcasts. Here is 
the Q&A:

Lord Colwyn asked Her Majesty's Government:
  Whether, in view of the serious violence and disorder that broke out in 
Manchester when a big screen showing the ITV broadcast of the UEFA cup 
failed on 14 May, it will review the exemption for broadcast entertainment 
in the Licensing Act 2003. [HL3715]

Lord Davies of Oldham: The screening in Manchester of the broadcast of the 
UEFA cup final in a public place on 14 May only took place with the consent 
of the local authority and under restrictions agreed with the police. It is 
therefore difficult to see what added control would have been available had 
the event been subject to the licensing controls under the Licensing Act 
2003, or that such controls would have prevented the disorder that arose.

It remains the Government's position that big-screen television broadcasts 
in themselves do not cause disorder, but that it is the consumption of 
alcohol at such events that can lead to problems. Decisions on whether 
big-screen events should go ahead are the responsibility of the local 
authority in consultation with the local police, who are involved at an 
early stage, and event organisers. It is already possible under existing 
legislation to control consumption and drunkenness in public places.

Under the Criminal Justice and Police Act 2001, it is possible for a local 
authority to designate any area to which the public have access a place 
where alcohol may not be consumed. It is also an offence under the Licensing 
Act 1872 to be drunk in a public place. The Government are confident that 
the police and local authority in Manchester will ensure that safety and 
security arrangements provide a controlled environment at any future 
big-screen events. The Government therefore have no current plans to review 
the licensing of any form of entertainment not currently covered by the 
existing licensing laws.

ENDS

http://www.lga.gov.uk/lga/core/page.do?pageId=765218

LGA press release - 1 July 2008
  A survey of police, the NHS and councils has found that most of them 
consider that the 2003 Licensing Act has made no impact on improving 
drink-fuelled disorder or late night violence. The research also found that 
the council taxpayer has been left to pick up a £100m bill for introducing 
the new scheme.

Roger Gall wrote:
> http://www.lga.gov.uk/lga/core/page.do?pageId=765218
> 
> LGA press release - 1 July 2008
>   A survey of police, the NHS and councils has found that most of them 
> consider that the 2003 Licensing Act has made no impact on improving 
> drink-fuelled disorder or late night violence. The research also found that 
> the council taxpayer has been left to pick up a £100m bill for introducing 
> the new scheme.
> 

Clear evidence of self-serving bureaucracy at work?
(not sure how such an observation helps us though).
Peter