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

On Thursday, 10th September, the government launched its first National Year 
of Music with performances by Jamie Cullum, V V Brown and Killa Kela at the 
Twyford Church of England High School in Ealing.  The aim is to encourage 
more young people to learn musical instruments.

The performances were watched by pupils, teachers, the national press, civil 
servants and Schools Secretary Ed Balls (who also played the drums at one 
point).

Twyford school has no premises licence authorising performances of live 
music, nor was any Temporary Event Notice in force. So how did these widely 
publicised gigs by well known musicians escape entertainment licensing red 
tape, when performances in schools in other parts of the country have been 
caught?

The answer it seems is that the performances by Cullum and others were part 
of 'the biggest ever music lesson to be transmitted to thousands of pupils 
across the country'. That at least was how the gig was described in the 
press release issued by the Department for Children, Schools and Families:
http://www.dcsf.gov.uk/everychildmatters/news-and-communications/news/101009ninationalyearofmusic/

There is a small problem, however.  In the Licensing Act there is no 
exemption for performances as music lessons.  Indeed, the relevant provision 
includes in its list of licensable entertainment: 'a performance of live 
music... where the entertainment takes place in the presence of an audience 
and is provided for the purpose, or purposes which include the purpose, of 
entertaining that audience.' [Licensing Act 2003, Schedule 1, para 2(1)(e)]

So even if the main purpose of a performance is to teach music, if an 
audience is present and there is also an intention to entertain that 
audience, the performance is potentially licensable.

At this point readers may wish to view the Jamie Cullum and V V Brown 
performance, and Ed Balls talking about music being 'fun', and judge for 
themselves whether or not entertainment is a deliberate part of this 'music 
lesson' (the video link is near the end of the BBC online article): 
http://news.bbc.co.uk/1/hi/education/8248396.stm

When questioned about the event, Ealing council's licensing department 
pointed to a small section in the licensing guidance that accompanies the 
Act which suggests that teaching students to perform music is not 'regulated 
entertainment' (Licensing Guidance issued under s182 of the Licensing Act 
2003, para 3.12).  See: 
http://www.culture.gov.uk/images/publications/LicensingGuidanceAmendedjul09.pdf

But the Act takes precedence over the licensing guidance, and this is one 
example of many where the guidance is inadequate.

While it is good that Ealing adopted a light touch here, schools in other 
areas are often not so lucky.

Other links to press coverage of the event:

The Independent:
http://www.independent.co.uk/news/education/education-news/pop-stars-back-schools-music-drive-1785039.html

YouTube:
http://www.youtube.com/watch?v=rMJ453GZY1c&feature=youtube_gdata

Ed Balls playing drums:
http://www.gettyimages.com/detail/90541228/Getty-Images-News

ENDS

Remember this?

The following from Hamish Birchall

From the Northampton online Chronicle today, Wed 18 March 2009:

'A Northamptonshire school had to scrap its big musical production after its
head was told he could face a £20,000 fine and possible imprisonment if it
went ahead.  David Howell, the head of Danetre School in Daventry, was
warned he would be liable if the We Will Rock You show, based on the music
of supergroup Queen, went ahead against the advice of the district's
licensing officers.'

More here:
http://www.northamptonchron.co.uk/news/School-show-scrapped-after-head.5080776.jp
The story was also covered on BBC Radio 5 Live Breakfast yesterday, 17
March:
http://www.bbc.co.uk/iplayer/episode/b00j6b75/5_live_Breakfast_17_03_2009
Move the time-slider to 1 hour 55 mins into the programme.

According to the Northampton Chronicle, Ann Carter, chairman of the Daventry
District Council's licensing committee, has resigned in protest: "The
council was just administering the law and didn't have a choice in the way
it dealt with this,' she said. 'We are now getting to the stage where people
are having to apply to host cheese and wine evenings in their own homes,
because they will be selling alcohol for money. The [Temporary Event Notice]
form is five pages long and it is in danger of killing off the age of
fundraising'.

Unsurprisingly, the headteacher's understanding of the the Licensing Act
2003, at least as reported, was incomplete.   Even if there had been no
charge for admission, a school concert open to friends and family is likely
to count as public and therefore licensable.

DCMS Licensing Guidance on this point is itself inadequate and somewhat
misleading:

'Entertainment at a private event to which the public are not admitted
becomes regulated entertainment and therefore licensable, only if it is
provided for consideration and with a view to profit. So, for instance, a
charge made to people attending a private event to cover the costs of the
entertainment, and for no other purpose, would not make the entertainment
licensable. The fact that a profit might inadvertently be made would be
irrelevant as long as there had not been an intention to make a profit.'
[Guidance Issued under s182 of the Licensing Act 2003, p28, para 3.16]

This implies that the distinction between public and private events is
clear-cut.  But the wording of the Act is open-ended, and suggests that many
events with some form of restricted entry will nonetheless count as public
events:

'The first condition [of two main conditions] is that the entertainment is,
or entertainment facilities are, provided (a) to any extent for members of
the public or a section of the public...'
Licensing Act 2003, Schedule 1, Part 1, para 1(2)(a).

This effectively broadened the meaning of 'public' that had applied under
the old licensing regime, and was why, in April 2006, the BBC had
temporarily to cancel live audience recordings of Top of the Pops.  The
local council, Hammersmith & Fulham, insisted that under the new regime even
limiting admission to free ticket holders counted as 'public' entertainment.
For the first time, an entertainment licence was required for the Top of the
Pops studio.  See this contemporary report from The Independent:
http://www.independent.co.uk/news/media/bbc-asks-staff-to-step-in-after-top-of-the-pops-audience-crisis-477842.html

ENDS