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

Licensing minister Gerry Sutcliffe says the government wants 'to act very 
quickly' to implement a new small gigs exemption.

His pledge came during an interview on BBC Radio 4 You & Yours last 
Thursday, 22 October: 'I couldn't put a timetable to it because you know we 
have a consultation period that we will have to have, but you know what I'm 
saying and I think the intention that we're giving, it's very clear that we 
want to act very quickly.'

He also suggested that his 100-capacity exemption proposal was open to 
negotiation: 'Well I think we will consult on the figure. I've said 100 and 
clearly we'll work with the bodies. But as I said earlier it is a very 
emotive issue and you've got to make sure that you strike the right balance 
so that musicians can perform, but residents have the right not to have the 
noise nuisance.'

The minister's BBC interview coincided with the Equity and MU demonstration 
outside Parliament. See below for a transcript and a link to the BBC report. 
Significantly perhaps he did not repeat the promise of swift implementation 
during the Parliamentary debate later that same afternoon.

There is no question in my mind that the demonstration triggered the 
government's u-turn and that Equity must take credit for taking a lead and 
pushing the government into action.  While the MU did join in, they had been 
trailing lamely behind in the wider campaign until Equity made the decision 
to act.

During the Westminster Hall debate, John Whittingdale and other MPs were 
damning in their criticism of the Act's live music provisions.  But the 
minister appeared to listen sympathetically, and in responding struck a 
conciliatory note:

'I do not support local government being aggressive by putting preventions 
in place to stop live music. We must strike the right balance.'

Nonetheless, he tried to hype the latest entertainment licensing statistics 
published by DCMS that very morning (but still no press release announcing 
the proposed small gigs exemption):

'Significantly, today's statistics show that there has been an 11 per cent 
increase in premises licences with live music authorisation between 2007 and 
2009.'
See: http://www.culture.gov.uk/reference_library/media_releases/6388.aspx

As usual, these statistics are almost meaningless.  They do not measure 
actual live music provision, and a paper permission for live music does not 
necessarily mean that having live music is legal.  Unless local authority 
licence conditions are implemented by the licensee, such as fitting noise 
limiters, or providing door supervisers, putting on a live gig would remain 
a potential criminal offence.

In fact, most of the minister's claimed increase in live music permissions 
is likely to be local authorities licensing their own premises, including 
open spaces and streets.  And, even if the apparent year on year percentage 
increase (5%) were actual music venues, it would still take at least a 
decade to reach 100%, assuming the overall total of licensed premises 
remained approximately the same.

But the minister did at last acknowledge the faults of the Act's 
'entertainment facilities' provision, promising to amend it so that pub 
pianos would not be caught:

'As part of the clarification, the consultation will propose a change to the 
definition of "entertainment facilities" so that the mere provision of 
musical instruments, such as a pub piano, is not licensable. '

Links to a video of the debate and Hansard printed copy:
http://news.parliament.uk/2009/10/westminster-hall-debate-on-the-licensing-act/

BBC You & Yours - Thursday 22 October 2009 - transcript of extract featuring 
licensing minister Gerry Sutcliffe
http://www.bbc.co.uk/radio4/youandyours/items/06/2009_42_thu.shtml

Gerry Sutcliffe: Well we're going to respond to the select committee's 
report about live music and we're minded to get an exemption or seek an 
exemption for small venues of perhaps under 100. And we think we can if we 
can get all party support, take that through the new process of legislative 
reform orders, that will give us the opportunity to get this in play.  We've 
been working with the music industry, working with local authorities to try 
and make sure that we try to that we try and help the performance of live 
music.

BBC interviewer Winifred Robinson:  Well it was only a few months ago that 
the Culture select committee came up with its suggestions and at the time 
they were rejected, so what has happened since then, what's changed?

Sutcliffe:  Well we've been working with the um, a variety of bodies. The 
difficulty is that er, you know it is a very emotive subject there's a 
difference of opinion between local government and local residents about the 
level of music. So we've been working all over this period, since the 
committee's report, there's a working group that has been set up by local 
government and by the Musicians' Union and bodies like that who have been 
working together to try and promote live music.

Robinson:  In 2003, before the Act was passed, Equity was making the point 
that it's made today that this legislation was excessive, that it was 
excessive to go for licensing that took in very small premises.  Couldn't 
you have made things a lot easier for everyone if you had just listened back 
then?

Sutcliffe:  Well I think that if you listen to the other side of the 
argument you know from local government, they say that their residents 
should have the opportunity to comment, and be involved with decisions about 
noise and music, and I believe that it is about striking the right balance. 
We believe that the Act has benefitted two thirds of the venues, but it is 
these small venues where people, you know, perform at the beginning of their 
careers or perform for pleasure that we need to make sure we get right. And 
I'm confident that the good will that seems to be around now will help us do 
that.

Robinson: Equity want a small venue to be under 200 people, you're going for 
under 100.  Is there any more room for movement there?

Sutcliffe:  Well I think we will consult on the figure. I've said 100 and 
clearly we'll work with the bodies. But as I said earlier it is a very 
emotive issue and you've got to make sure that you strike the right balance 
so that musicians can perform, but residents have the right not to have the 
noise nuisance.

Robinson:  What about the objection then from Equity that what we are left 
with is is a system which doesn't strike the right balance because there is 
so much red tape still.  The Metropolitan Police for example have to fill in 
what's called a 696 Form. They have to list the type of singer who's going 
to appear, the style of music, who's going to be in the audience, that it's 
bureaucracy gone mad?

Sutcliffe: I don't think so  in that case, and we've had good strong 
discussions with the Met police about the issues there. And that form has 
changed from its original intention.  We've brought in now minor variations 
that speed up the process, that make it er, most venues have licences anyway 
now, we're talking about smaller venues where there have been difficulties 
in the past. We now want to try and make sure that up to 100 can be 
accommodated, we will listen to all sides and make decisions very quickly. 
And if we're able to get all party support we can have this order through 
very quickly.

Robinson:  And how quickly's 'very quickly'?

Sutcliffe:  Well in Parliamentary terms it er, you know, will take some time 
to draft it and put it through but I would hope very much a speedier way of 
doing things than actually bringing forward primary legislation.

Robinson:  When? In time for Christmas?

Sutcliffe:  I couldn't put a timetable to it because you know we have a 
consultation period that we will have to have, erm, but you know what I'm 
saying and I think the intention that we're giving, it's very clear that we 
want to act very quickly.  The Secretary of State wants to write to other 
political parties as soon as possible and if we can get it done before 
Christmas we would want to do that, but obviously we are governed by the 
Parliamentary timetable.

ENDS