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
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
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.
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
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
Relevant Issues and Options
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.
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.
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.
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)
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
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
Equal Opportunities Implications (to include Welsh Language
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.
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
Policy Framework and Budget
The proposals in this Report are in accordance
with the policy framework and budget
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
15. Housing and Public
Alun Billinghurst, Head of Public Protection.
Tel: 01446 709105
Rob Thomas, Director of Development