Having finally been approved by both Houses of Parliament, after much negotiation over the fine detail, the Licensing Bill will now go forward for Royal Assent, after which it will become law. The key elements of the bill include flexible opening hours; measures to tackle alcohol-related crime and disorder (including new police powers to close licensed premises without notice for up to 24 hours); a greater say for the public (licences will be granted by electorally-accountable licensing authorities, instead of magistrates, with local residents able to make representations); strengthened protection for children and less red tape (the new Bill sees the amalgamation of six existing licensing regimes into a single scheme).
As we've reported previously, the Bill caused controversy among musicians' groups when it was first announced, because it did away with the existing two-in-a-bar rule, which allows up to two performers to appear in a venue or pub without a licence. The concern expressed by those most directly affected - the musicians and the venue owner/operators - was that under the terms of the Bill, any public music-making, unless licensed, would become a criminal offence. According to the government those issues have now been addressed: incidental live and recorded music will now be exempted from licensing for the first time. Unamplified, live music in small venues will be treated exceptionally to ensure traditional and amateur folk music thrives. Likewise, the provision of entertainment in schools, village halls, churches and community buildings, will be exempted from the licensing fee associated with that provision. For the first time, it will cost nothing extra to get permission to put on live music in pubs - given that pubs have to get a licence anyway for the sale of alcohol, applying for permission at the same time for provision of live music becomes effectively free, according to the government.
Following Royal Assent, there will be a transitional period to enable switch over from the current licensing system to the new regime. This will enable licensing authorities and the industry to put measures in place before the new regime takes effect.
(Ruth Rossington)