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De-regulation of Live Music
As of 1 October 2012, the Live Music Act 2012 takes effect, resulting in a number of changes to the licensing of regulated entertainment.
Under the new Act, amplified live music will not be classed as regulated entertainment if the following criteria are satisfied:-
- It takes place between the hours of 08:00 and 23:00
- There is an audience of no more than 200 people
- There is a premises licence or club premises certificate in place permitting sales of alcohol for consumption on the premises
- The premises in question are open for the sale and supply of alcohol for consumption on the premises
Unamplified live music will not be classed as regulated entertainment if it takes place between 08:00 and 23:00, irrespective of audience size or location. In addition, the “provision of entertainment facilities” will no longer be classed as a licensable activity and is removed from the licensing regime completely.
Any condition which relates to live music will not apply if the criteria above are met. However, if live music on the premises causes issues, a review of the premises licence can be sought and the Licensing Authority can reinstate the conditions and determine that live music should be a licensable activity for the premises which is subject to review. It would therefore be a somewhat foolish approach if a Licensee opted to host events without taking any measures to prevent nuisance.