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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee 6th November 2012

 

Report of the Director of Development Services

 

For Information Report - Live Music Act 2012

 

Purpose of the Report

1.             Is to inform Members of the commencement of the Live Music 2012, and to outline the amendments the Act has made to the Licensing Act 2003.

Recommendation

It is recommended that Members note the contents of this Report.

Reason for the Recommendation

To be aware of the changes in the administration of the licensing function.

Background

2.             The Live Music Act received Royal Assent on 8 March 2012 and came into force on 1st October 2012. The Act will enable many small venues to provide live music performances without holding a music licence.

3.             Prior to the commencement of the Live Music Act 2003, persons wishing to provide such entertainment would have needed to obtain the relevant licence issued in accordance with the Licensing Act 2003.

Relevant Issues and Options

4.             The following outlines the changes to the Licensing Act 2003  the commencement of the Live Music Act 2012  

  • Live music in licensed venues is no longer considered to be regulated entertainment in venues licensed for the sale of alcohol for consumption on the premises in the following situations:
  • When it is unamplified and takes place between 8am and 11pm.
  • When it is amplified and takes place in the presence of an audience of 200 persons or less and is provided between 8am and 11pm.
  • The premises must be open for the sale of alcohol during the time that the live music is provided for the exemption(s) to take effect.
  • Any condition attached to the Premises Licence relating to live music will cease to have effect in respect of the live music when offered between 8am and 11pm, unless such conditions have been reinstated by the Licensing Authority as part of a Review Hearing.

5.             Live music in venues which are not licensed

  • Unamplified, live music has been deregulated between 8am and 11pm in all non-licensed venues. However, unamplified, live music after 11pm and amplified live music in non-licensed venues will still require formal authorisation from the Licensing Authority by way of a Premises Licence, Club Premises Certificate or Temporary Event Notice.

6.             The provision of facilities for making music, the provision of facilities for dancing and the provision of facilities for anything similar to either music or dancing are no longer licensable activities under the Licensing Act 2003.

7.             Morris dancing and any other similar forms of dance, such as maypole dancing, are exempt under the Licensing Act 2003, however, historically only unamplified, live music that accompanied the dance was exempt. The exemption has now been extended to include amplified, live music and recorded music when used to accompany Morris dancing or anything similar.

Resource Implications (Financial and Employment)

8.             The current nationally prescribed fees and charges for applications and notices made under the Licensing Act 2003 do not cover the full cost of providing the service. 

Sustainability and Climate Change Implications

9.             None

Legal Implications (to Include Human Rights Implications)

10.        A Licensing Authority must carry out its functions under the 2003 Act with a view to promoting the licensing objectives.

Crime and Disorder Implications

11.        Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities.  The Licensing Authority is committed to reducing crime, disorder and anti social behaviour across the Vale of Glamorgan.  Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly.

Equal Opportunities Implications (to include Welsh Language issues)

12.        The Licensing Authority is obliged to deal with all aspects of the Licensing Act 2003 on an impartial and equitable basis.  It is also required to apply its Licensing Conditions on an equitable basis in respect of all applications.

Corporate/Service Objectives

13.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

The proposals in this Report are in accordance with the policy framework and budget

Consultation (including Ward Member Consultation)

14.        None

Relevant Scrutiny Committee

15.        Housing and Public Protection.

Background Papers

None

Contact Officer

Alun Billinghurst, Head of Public Protection. Tel: 01446 709105

Officers Consulted

None

Responsible Officer:

Rob Thomas, Director of Development Services.

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