Licensing - drop in live music in smaller venues.
- From: "Roger Gall" <roger.gall@xxxxxxxxxxxxxx>
- Date: Fri, 16 Jun 2006 13:12:45 +0100
The following From Hamish Birchall.
Writing about the Licensing Act on page 9 of the latest issue of Musician,
the in-house journal for Musicians' Union members, General Secretary John
Smith says:
'We do believe there is a marked drop in live music in smaller venues,
especially the ones that previously benefited from the "two or fewer
performers' exemption under the old PEL system...'
This important and worrying finding is rather incongruously located beneath
a large photograph of the General Secretary beaming congenially at the
reader. He adds, however, that 'intense discussions with DCMS are taking
place over these issues' and responds to an apparently 'small minority of
members' who believe the union kow-towed to the government and lack a
coherent policy on the Licensing Act. According to Mr Smith, the policy
recently 're-considered' by the Executive Committee is clear, and includes:
'A pragmatic acceptance of the position we are now in - the Act is the law
and we have to operate within its confines.'
'Adopting a "wait and see' position until the full impact of the Act is
clear'.
The union will also commission more research of its own 'to complement the
DCMS research'.
On key points this policy will fail the majority of members whose employment
opportunities will diminish as a result of the Act. Firstly, the 'confines'
of the new law for live music are unclear and open to legal challenge;
secondly, if the union already knows there has been a 'marked drop' in gigs,
what is it waiting for?
Where local authorities adopt interpretations that unnecessarily restrict
members' employment surely the union has a responsibility to its members to
do what it can to challenge such interpretations? What about licence
conditions that deter venues from hosting live music? One common condition
is the requirement to install and set up a noise limiter, which can cost
around £2k. Unless the venue implements the condition, having live music is
illegal. But the local authority could have issued a pre-emptive noise
abatement notice under s.80 of the Environmental Protection Act, which
allows the venue to propose its own measures to limit the noise. In most
cases that would suffice, and would be a more proportionate process than an
all-or-nothing £2k licence condition. The union could and should consider
challenging such conditions in the courts on the basis that they are
disproportionately restricting members' exercising their right to freedom of
expression. The law requires that, where possible, all legislation must be
interpreted compatibly with this right. Setting a precedent in favour of
live music would have national significance.
Elsewhere in the magazine, under the headline 'State of the Nation' (p6),
Assistant General Secretary Horace Trubridge is quoted:
'... This area [i.e. the Licensing Act] will continue to be a key priority
for the Union until we are satisfied that our members' work opportunities,
along with their health and safety, are at least being maintained and,
ideally, improved by last year's changes.'
The implication that licensing and musicians' safety are inseparable is
mistaken and reflects a fundamental misunderstanding of the law. It also
suggests a shift from the Union's position when the Act was a Bill back in
2003. The safety risks associated with live music in bars or any other
workplace are addressed by separate legislation irrespective of licensing.
The MU and Arts Council employed an expert in safety and licensing law to
brief members of the House of Lords explicitly on this point back in 2003.
And the implication that licensing might cease to be a key priority for the
Union if the existing gig level is maintained is, frankly, ludicrous. The
live music campaign drew its strength from the widespread view among
musicians that existing performance opportunities were woefully inadequate.
ENDS
.
- Prev by Date: uk.music.folk FAQ url [Automatic reminder]
- Next by Date: Re: Music for Funerals
- Previous by thread: ANN: 3rd July ,Ashbourne, 3 in the Round Concert Series With Jon Boden
- Next by thread: Extent of written folk music before Cecil Sharp?
- Index(es):
Relevant Pages
|
|
