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1 Introduction

1.1 The Licensing Bill, currently before Parliament, is primarily intended to reform the law controlling the sale of alcohol and the licensing of public entertainment. The proposals include the transfer of the responsibility for the licensing of alcohol sales from magistrates' courts to local authorities (district councils in two tier areas).

1.2 During the passage of the Bill there has been considerable disquiet about its possible impact on live entertainment in pubs, clubs, churches, church halls and other small scale venues. Arts organisations and the representatives of musicians and other performers have been particularly vocal in their opposition to the Bill.

1.3 Responsibility for licensing would rest with district councils, however it is clear that the proposed legislation could have an impact on Recreation and Heritage direct service provision. This report provides members with a brief summary of the main features of the Bill and then goes on to examine the controversial issues relating to live entertainment. It does not cover in any detail the administrative implications for local authorities as these would not be a County Council responsibility. However, much of the County Council's arts provision relies on a thriving tradition of local live performance, both professional and amateur. The Bill could affect this and members will wish to understand the issues involved.

2 The Bill

2.1 The Government announced its intention to overhaul the licensing laws in England and Wales in the White Paper Time for Reform: Proposals for the Modernisation of our Licensing Laws, published just before the 2001 election. The aim is to bring licensing arrangements in line with those in Scotland and most European countries. The Government believes that relaxation of fixed opening hours would bring potential benefits for tourism, culture and regeneration. Giving licensing responsibilities to local authorities would complement their increasing role in the areas of public safety, crime and disorder strategies and community planning.

2.2 The Licensing Bill was published in November 2002 and introduced in the House of Lords. At the time of writing it is completing its passage through the House of Lords and will then be considered by the House of Commons. If approved it is expected to receive the Royal Assent in July this year and come into force in 2004.

2.3 The Bill defines the activities that would be licensable under its provisions as:

· the retail sale of alcohol

· the supply of alcohol in clubs

· the provision of "regulated entertainment"

· the provision of late night refreshment

The licensing of these activities will be the responsibility of local authorities - district councils in two tier areas. Licensing authorities will be required to delegate these functions to licensing committees and publish local licensing policy statements on which their decisions will be based. The Local Government Association believes that licensing will be mainly an administrative task delegated to officers, with licensing committees dealing only with objections. Appeals against a licensing authority's decision can be made to the magistrates' courts.

2.4 The Bill would abolish the current system of separate licences for alcohol and public entertainment administered by different bodies and replace them with a single "premises" licence. Licensing authorities will be able to charge fees to licensees to recover administration costs.

3 Opposition to the Bill

3.1 It became clear very soon after the publication of the Bill that there was considerable opposition to some of its provisions. National and local arts organisations, church authorities, performers' unions and individual artists have raised a variety of concerns that fall under the following main headings:

· the definition of "regulated entertainment"

· the cost of licences

· conditions that might be attached to licences

· the liabilities of performers.

3.2 The Government has vigorously defended the Bill, suggesting that the concerns are ill founded or based on misunderstandings. At the same time they have been forced to concede important amendments that have helped to clarify the impact on live entertainment.

4. Regulated Entertainment

4.1 Only entertainment and entertainment facilities that fall within the definition of "regulated entertainment" will require a licence. Generally, any public entertainment given by musicians, actors, dancers and other performers would be licensable. This would cover recorded as well as live performance although there are exemptions for TVs and jukeboxes in pubs, clubs etc. Various interpretations have been put on the definitions, raising fears that licences would be required for private parties (e.g. weddings, where entertainment is provided by paid performers) or for performances in hospitals, schools, residential homes etc.

4.2 In the early stages of the debate in the House of Lords, the Government made it clear that all entertainment to which the public is admitted would be licensable, although this position has been slightly modified subsequently (see paragraph 4.3). Where it is not open to the public, no licence is needed unless a charge is made with a view to profit. For these reasons, the Government believes that private entertainments will not normally require licences.

4.3 The Bill as originally drafted would have required licences for public performances in churches, church halls, village halls and community buildings. Many of these facilities are currently exempt from the existing licensing requirements or from licence fees. The Government has now amended the Bill to make it clear that places of public worship will not require licences to put on public entertainments and performances. At the same time, the Government announced that, although they would be licensable, church halls, village halls, community buildings and similar premises would be exempted from the associated fees. In making this announcement the Minister said:

"I recognise that church and community halls are integral to community life and provide a social hub in a great many rural and urban areas. I am determined to allow them to continue to play this essential role"

4.4 A considerable amount of attention has been given to possible effect of the Bill on live entertainment in pubs. Under existing legislation up to two people can perform in premises licensed for the sale of alcohol without needing a public entertainment licence - the "two in a bar rule". The Bill would remove this exemption. The Government has held firm on this point, claiming that the current rule itself restricts the type of entertainment provided in pubs. Also, it believes that the rule is outdated as it permits performances that potentially create a public nuisance through the use of modern sound amplification systems.

5. Cost of Licences

5.1 Critics of the Bill have suggested that the cost of licences under the new regime would deter many organisations from applying and thus reduce the opportunities for live entertainment. The Government's position on this issue is that the new licensing arrangements would introduce a streamlined and cheaper process. Liquor and entertainment licensing would be dealt with in a single application to one authority on payment of a single fee.

5.2 The Government intends to set fee levels centrally on a sliding scale reflecting the size and capacity of the premises. It claims that this would be much fairer than the existing system where large variations in fees exist across the country. However, the Government has recognised the validity of the argument in relation to certain types of premises that are currently exempt from fees (see paragraph 4.3).

6. Conditions of Licences

6.1 Again, many people have suggested that local licensing authorities will seek, under the new system, to attach unnecessary and unreasonable conditions to premises licences. The Government intends to issue detailed guidance to licensing authorities that it believes will ensure that any conditions attached to a licence are relevant and appropriate. This will cover the key licensing objectives that must be promoted by licensing authorities in carrying out their duties:

· the prevention of crime and disorder

· public safety

· the prevention of public nuisance, and

· the protection of children from harm.

6.2 An early draft of this guidance has been published and the Government has offered to consult widely with local authorities, the entertainment industry and performers before it is finalised.

7. Liabilities of Performers

7.1 Finally, there has recently been much speculation about whether people could find themselves subject to prosecution if they perform to the public on unlicensed premises. After much pressure on this point, the Government announced in mid February that it would amend the Bill to make it clear that entertainers who perform at unlicensed venues will not be committing an offence unless they themselves have a role in organising or managing the entertainment.

8. Conclusions

8.1 The measures contained in the Bill as originally introduced had some very worrying implications for live performance. In the early stages of the debate the Government did not seem responsive to these criticisms but more recently it has moved substantially on a number of key points. The amendments that have been made in the House of Lords have removed much of the uncertainty about how the new licensing regime would operate.

8.2 By the time the Committee meets, the Bill is likely to have moved to the House of Commons. It may be appropriate for the County Council to makes its views known to local MPs and to the Government and, for this reason, the recommendations below set out a position that the Committee is asked to endorse.

Recommendation

1 That the Government's intention of reforming licensing laws in England and Wales and giving responsibility for administration to local authorities be noted.

2 That the Government be urged to take fully into account the concerns of artists and performers in the drafting of the legislation and guidance to ensure that the law on licensing supports and does not inhibit a strong culture of small scale public performance in a wide range of venues.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

N.B. the list excludes:

1. Published works.

2. Documents that disclose exempt or confidential information as defined in the Act.

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