Mudcat Café message #1245340 The Mudcat Café TM
Thread #70681   Message #1245340
Posted By: RichardP
11-Aug-04 - 08:40 PM
Thread Name: A little more news on Licensing
Subject: RE: A little more news on Licensing
1) Shambles, unfortunately you are right on your last point. I should not have relied on a faulty memory.

2) You were however wrong on a previous point. It is not illegal to make music under the Act. It is illegal to permit or organise some music on unlicenced premises, but the musician as such does not commit an offence under the Act.

3)   Going back to your post of August 4th. Much has been made in the past that the Guidance cannot change the primary legislation - which is true and the DCMS contend that they have not in any way intended to do so. It is also a fact that a council licencing policy cannot prevent anything that is explicitly permitted by the Act. Specifically, they cannot make a condition that would prevent incidental music. Whilst some sessions might be so all encompassing that they genuinely are the principle reason most people are in the room - many more are clearly of interest to a minority of people in the premises and hence are incidental within the Act and are explicitly legalised by it. Of course it may need case law to prove that to local authorities.

4)   The DCMS has just issued a newsletter on the Act. Most of the information is old hat. But it may be of interest that the Musicians Union is reported to be producing a Live Music Kit to advise pubs etc. how to arrange live music under the Act.