LICENSING ACT (2003) - INFORMATION
implemented November 2005

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http://www.opsi.gov.uk/acts/acts2003/30017--k.htm#2



THE DOWNING STEET PETITION
is now closed, thanks to 80,000 people who signed up...

BBC news article
TOUGH ACT TO FOLLOW SAY MUSICIANS
By Photini Philippidou / BBC News, London,  Wednesday, 23 May 2007 
read the article...


THURSDAY 24 NOVEMBER 05

LICENSING ACT (2003)

here is a sketch of the licensing situation as far
as we understand it. We won't know what it means in
practice until after the 24th Nov, but meanwhile
from that date we cannot book anything in that is on
the list of proscribed activities.

The Foundry is NOT losing our public performance /
entertainment license - under the current law we
never had one and never needed one so long as we
complied with (a) no more than two performers, (b)
no dancing (c) free entry - which pretty much fitted
with what we wanted to do anyway. The LAW is
changing from 24 November, and the new Licensing Act
gives the local authority (in our case Hackney
Council) much more power over us and does not make
any allowance at all for unregulated activities.
This new law (the "Licensing Act 2003", more
commonly and misleadingly referred to as the 24-hour
drinking law) applies from 24 November. It replaces
a number of different licenses, including the
Alcohol License (which we have) and the
Entertainment License (which we do not have) with a
single 'flexible' Premises License.

After that date we can continue with our existing
LICENSED activities - i.e. selling alcohol until
11PM - but NOTHING from the following list can be
done without additional permissions which we do not
have and are unable to obtain (we have tried). -
recorded music - live music (including karaoke) -
performance of a play - showing of a film - dance -
indoor sports  - provision of facilities for
recorded and live music

That last point means that our piano, decks and PA
system all become illegal objects after 24 November.
It is not clear whether any form of background music
will be legal without a license, and even a juke box
is not necessarily going to be allowed. Poetry and
art are not on the list (yet) so we can carry on
with those. ..

We wonder how many other small-scale venues will be
in the same situation... if anyone has any more
information please write to us.

Text of the licensing act
http://www.opsi.gov.uk/acts/acts2003/20030017.htm
The bit about "Regulated Entertainment"
http://www.opsi.gov.uk/acts/acts2003/30017--k.htm#sch1
Wikepedia article
http://en.wikipedia.org/wiki/Licensing_Act_2003
More information and advisory notes from the 
Department of Culture, Media and Sport...


Here's a choice quote from the DCMS website...

"The 'two in a bar' rule is being discontinued. This
is a disapplication under current licensing law of
the need for a public entertainment licence in
certain situations, such as two performers singing
or, playing music, at a premises where a justices'
licence is in force. The Government believes this
rule in practice restricts what entertainment will
be provided, creates disincentives to the
presentation of more diverse musical acts and fails
to protect local residents from noise nuisance. The
new regime will allow musicians and other
entertainers to flourish whilst providing protection
against unnecessary disturbance."

It's in the "regulated entertainment" section...
http://www.culture.gov.uk/alcohol_and_entertainment/licensing_act_2003/regulated_entertainment.htm


Exceptions
Extract from the government website...

Are there any exemptions from the requirement of a
premises licence when providing entertainment?
 
Yes. But note that if alcohol is to be supplied, or
late night refreshment provided, a licence will be
required for those activities. The main exemptions
for the provision of entertainment and entertainment
facilities from the requirement for a licence under
the Licensing Act are as follows:

* for the purposes of or purposes incidental to
religious services or meetings or at places of
public religious worship

* morris dancing or any dancing of a similar nature,
or a performance of unamplified live music as an
integral part of such dancing

* incidental music - the performance of live music
or the playing of recorded music if it is incidental
to some other activity which is not itself regulated
entertainment

* garden fetes - or functions or events of a similar
nature if not being promoted or held for purposes of
private gain

* film exhibitions for the purposes of
advertisement, information, education, etc. - if the
sole or main purpose of the exhibition of a film is
(a) to demonstrate any product; (b) advertise any
goods or services, or (c) provide information,
education or instruction

* film exhibitions: museums and art galleries -
where an entertainment consisting of the exhibition
of a film, is, or forms part of, an exhibit put on
show for any purposes of a museum or art gallery

* use of television or radio receivers - where
entertainment consists of the simultaneous reception
and playing of a programme included in a programme
service within the meaning of the Broadcasting Act
1990 (however, showing pre-recorded entertainment
would require a licence)

* vehicles in motion - i.e. where the provision of
entertainment or entertainment facilities take place
(a) on premises consisting of or forming part of a
vehicle, and (b) at a time when the vehicle is not
permanently or temporarily parked

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...check back later for more info!   

The Foundry is at 
86 Great Eastern Street London EC2A 3JL
Old Street tube (exit3)
t 020 7739 6900
e info at foundry.tv
w http://www.foundry.tv
live audio (sometimes)
   mp3 stream at 
   http://www.foundry.tv/radio/live.m3u
   realaudio stream at 
   http://www.foundry.tv/radio/live.ram