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date: Tue, 13 May 2008 09:26:06 +0100,    group: uk.music.folk        back       
Licensing - Answers   
The following from Hamish Birchall.

On Wednesday 07 May, government spokesperson Lord Davies of Oldham responded 
to Lord Clement-Jones' questions (see Q&A below). Hansard link: 
http://www.publications.parliament.uk/pa/ld200708/ldhansrd/text/80507w0002.htm#08050780000015

For once, the answers are quite revealing.  The public consultation on new 
small gigs exemptions is to be carried out 'by the summer'.  Until now, 
there had been only vague commitments to a consultation this year.   The 
government also confirms that it is considering using a provision within the 
Licensing Act to create such exemptions: Schedule 1, para 4. This allows the 
DCMS Secretary of State to make changes 'by order', a relatively fast-track 
process.

It has also emerged that the Department for Culture, Media and Sport has 
already discussed the exemption issue with the Musicians' Union in March, 
and that the MU is to meet DCMS Secretary of State (Andrew Burnham) on 03 
June.  Apparently, the agenda has not yet been agreed, but reliable sources 
suggest the focus is likely to be extending copyright in sound recordings. 
MU members may wish to lobby their union to raise the small gigs exemption 
again.

On the question about entertainment licensing in schools, the government 
pleads ignorance: 'This information is not held centrally, and to obtain it 
would incur disproportionate cost'.  This is not a credible position, 
particularly in view of the government's high profile increase in funding 
for music in schools last year.  Perhaps ministers are unwilling to find out 
how many schools can lawfully host performances.

In 2007 the government made Howard Goodall the 'singing czar': 
http://www.classicalmusictoday.co.uk/news/newsitem.php?a=298 and 
http://news.bbc.co.uk/1/hi/education/6264899.stm .  But without a premises 
licence authorising performances of live music, schools are limited to 12 
performances a year that friends and family could attend (under the 
Temporary Event Notice scheme, at £21 a time). And even private concerts are 
illegal without a licence if their purpose is to raise money for good 
causes, such as the construction of more music facilities within the school.

By contrast, in 2005 the government gave all pubs and bars automatic 
permission to provide canned music. They also retained the exemption for big 
screen broadcast entertainment, despite police warnings that big screen 
sport in bars was associated with disorder.

Licensing - Music - Written Answers Wednesday 07 May 2008:

Q: What progress has been made on the public consultation concerning 
possible new exemptions to the Licensing Act 2003 for low-risk music events. 
[HL3291]

A: The Government are currently drawing up options for exempting from the 
Act certain low-impact licensable activities, including low-impact live 
music events, and aim to carry out a public consultation by the summer.

Q: Whether they have considered using the power under paragraph 4 of 
Schedule 1 to the Licensing Act 2003 to amend the Act's descriptions of 
entertainment to make clear that low-risk performances are exempt. [HL3292]

A: Yes. This is one of several options that the Government are considering.

Q: What meetings the Department for Culture, Media and Sport has held, or 
has scheduled, this year with representatives of musicians' organisations; 
and whether the department's agenda for those meetings included or will 
include discussion of new exemptions from the Licensing Act 2003 for 
low-risk performances. [HL3293]

A: Representatives of the Musicians' Union (MU) had an introductory meeting 
with new senior officials in the creative industries team at the Department 
for Culture, Media and Sport (DCMS) on 28 January 2008. There was no formal 
agenda for this meeting. The MU is a member of the DCMS's Advisory Group on 
Alcohol and Entertainment Licensing and its sub-group on minor variations. 
Both groups met on 13 March 2008. The question of new exemptions from the 
Licensing Act 2003 for low-impact activities (including low-impact musical 
performances) was discussed at both meetings. The Secretary of State for 
Culture, Media and Sport will meet the MU on 3 June 2008 to discuss 
music-industry issues. The agenda for this meeting has not yet been agreed.

Q. What proportion of schools in England and Wales hold a premises licence 
authorising performances of live music. [HL3294]

A: This information is not held centrally, and to obtain it would incur 
disproportionate cost. Information on premises licences is held at local 
level by the 378 local licensing authorities in England and Wales.
date: Tue, 13 May 2008 09:26:06 +0100   author:   Roger Gall

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