Licensing Act 2003

The Live Music Act 2012

The Live Music Act 2012 came into force on 1 October 2012 and removes the licensing requirements for:

• amplified live music between 8.00am and 11.00pm before audiences of no more than 200 people on premises authorised to sell alcohol for consumption on the premises;
• amplified live music between 8.00am and 11.00pm before audiences of no more than 200 people in workplaces not otherwise licensed under the 2003 Act (or licensed only for the provision of late night refreshment); and
• unamplified live music between 8.00am and 11.00pm in all venues.

Where a premises continues to operate other licensable activities such as the sale of alcohol, any conditions relating to live music will be suspended unless they have been added following a licence review. It is also possible under the Act to reinstate or impose conditions about live music following a review of a premises licence or club certificate relating to premises authorised to supply alcohol for consumption on the premises.

The Act also removes the licensing requirements relating to entertainment facilities and widens the licensing exemption for live music integral to a performance of Morris dancing or dancing of a similar type, so that the exemption applies to live or recorded music instead of unamplified live music. 

Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 came into force on 27 June 2013.  As a result of this legislation, no licence is required for the following activities to the extent that they take place between 8.00am and 11.00pm on any day:

• a performance of a play in the presence of any audience of no more than 500 people:
• an indoor sporting event (other than boxing or wrestling) in the presence of any audience of no more than 1,000 people;
• most* performances of dance in the presence of any audience of no more that 500 peope: and
• live music, where the live music comprises:
  • a performance of unamplified live music;
  • a performance of live amplified music in a workplace with audience of no more thatn 500 people; or
  • a performance of live music on licensed premises which takes place in the presence of an audience of no more than 500 people.

* Relevant entertainment is defined in the Local Government (Miscellaneous Provisions) Act 1982 (“the 1982 Act”) as "any live performance or any live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).  Relevant entertainment therefore includes, but is not limited to, lap dancing and pole dancing.

The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

The Secretary of State has made amendments to the mandatory conditions that apply to all premises licences and club premises certificates issued under the Licensing Act 2003.

The new mandatory conditions apply to all relevant premises licences and all relevant club premises certificates authorising consumption of alcohol on the premises, with the exception of condition 4. - requiring an age verification policy to be adopted - which applies in addition to licences and certificates which permit the supply of alcohol for consumption off the premises. 

These new conditions are imposed automatically and are not dependent on the licence holder having received, read or understood them, therefore ignorance of these conditions and their content will not form a defence should any legal action be undertaken as a result of a breach of these conditions.

If you would like any further information on this or any other part of the Licensing Act, then please do not hesitate to contact the Licensing Department.