Agenda item

The purpose of this report is for Members of the Gambling and Licensing Act Committee to examine the contents of a recently published Government consultation document on proposals to exempt small live music events from the Licensing Act 2003. It also seeks Members views to enable Officers to complete the consultation.

Members considered a report which asked them to comment on the contents of a recently published Government consultation document on proposals to exempt small live music events from the Licensing Act 2003. It also asked for Members views to enable Officers to complete the consultation.

In 2007 the Government carried out an evaluation of the impact of the Licensing Act 2003. Part of the evaluation included a report from the Live Music Forum which detailed the detrimental impact the Licensing Act 2003 was having on live music. Campaigners have argued that the costly process of obtaining a premise licence for regulated entertainment in order to provide live music had put many pubs, café bars and village halls off from staging live events. This in turn had reduced the opportunity for grass roots musicians to play. The Department for Culture, Media and Sport (DCMS) is now seeking views on a proposal to exempt small live music events for audiences of not more than 100 people from the requirements of the Licensing Act 2003.

A representative from the Council’s Environmental Protection Unit (EPU) advised Members of his concern about the proposal, in particular that it could encourage buildings that are not designed for live music to hold events. He advised that in some cases noise levels may not be sufficient to constitute a statutory nuisance, but could be sufficient to cause a nuisance to residents, especially in residential areas if for example, if a pub had a rock band playing. He advised that while the Act provides for a mechanism to revoke the exemption at specific premises if necessary, it would require investigations to take place and evidence to be gathered before this could be done. This could prove difficult for EPU, as most events would take place in the evening outside of office hours, as well as the matter of EPU having the resources to deal with such additions to their workload.

The Licensing Manager advised Members that the Licensing Act had made it difficult for small premises to host live music, and while he acknowledged the problems EPU had raised, he felt that the proposal would be in line with York’s Vision Statement and that the Government wishes to encourage a café bar culture.

Members made the following comments

• Some Members felt that the view of the Licensing Manager is correct as small venues have been affected by the Licensing Act.
• Whether more funds would be required for the Environmental Protection Unit as there would be an increase in noise nuisance if this goes ahead.
• Removing controls available under the Licensing Act causes concern as 100 people in a venue in a residential area could cause problems.
• The proposal is going too much in the other direction.
• Venues that are not already licensed will be the problem
• In the City Centre, after disorder, the main concern is noise but at the smaller venues there is a case to loosen up the restrictions and there should be local discretion to assist authorities in tackling problem areas.

Overall Members felt that that the Licensing Manager should respond highlighting the  Environmental Protection Units views and to advise that discretion for Local Authorities is required to apply the policy as appropriate.

Members requested that the Licensing Manager emails the draft response to Members for further comments.

RESOLVED:             That Members approve Option 2 and amend the Officers response to the Government consultation.

REASON:                  To reflect the view of City of York Council in respect of the consultation paper.