Live Music Act 2012

Live Music Act: A guide for licensed premises

The Act marked a significant change for licensed premises (on sales) in the provision of live music, although its provisions are complex, their effect is relatively straightforward.

Here is a guide to the main points of the Act. Among other changes, the Act removes the requirement for the licensing of live music in certain venues, meaning that you no longer need authorisation for live music on your licence. The basic criteria are as follows:

• Pub, club, nightclub, bar, café or other venue owners must be licensed for the sale or supply of alcohol for consumption on the premises.
• The premises must be open for the sale of alcohol while the live music is taking place for the exemption to apply.
• The Act only applies to live music, i.e. bands, two performers, solo artists, orchestras etc. It doesn’t apply to DJs, any other type of recorded music or any other kinds of regulated entertainment.
• If the live music is amplified, the exemption only applies with audiences of 500 or less (staff and performers are not included in this number).
• The capacity of the premises is irrelevant — it’s the audience size that counts.
• If the live music is unamplified, then there is no limit on the audience number.
• The exemption only applies to live music between the hours of 8am to 11pm, Monday to Sunday.

Where a premises meets all of the criteria set out above (as many will), the majority of licence conditions relating specifically to live music will not apply. For example, conditions such as “doors and windows must be kept closed during regulated entertainment” or “a noise limiter must be used during live music” would not be enforceable in these circumstances (if uncertain, advice should be sought from the Licensing Team).

In practice, operators could choose to open doors and windows and disengage any noise limiter. However, this exemption applies only if the criteria are followed strictly. If live music continues beyond 11.00 pm, the audience exceeds 500 people, or another form of regulated entertainment takes place alongside the live music, the usual licence conditions would apply again.

It is important to note that one of the reasons the legislation was introduced was that existing powers already allow officers to deal with noise nuisance, including the service of noise abatement notices. If live music causes a noise nuisance, enforcement action may still be taken regardless of the exemption. For this reason, complying with sensible noise-related conditions may still be considered good practice.

There is also only one opportunity to benefit from the exemption. If a noise nuisance leads to a review of the premises licence, the licensing authority has the power to remove the exemption. Other non-music-related conditions on the licence will continue to apply at all times. Licensees are also advised to check that planning permissions allow for live music.