Live Music Act 2012

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An Act to amend the Licensing Act 2003 with respect to the performance of live music entertainment; and for connected purposes. [8th March 2012]

by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

(1) In section 177 of the Licensing Act 2003 (dancing and live music in certain small premises)—
 * (a) in subsections (1) and (2), for “the provision of music entertainment” in each place substitute “dancing”,
 * (b) in subsection (2) omit—
 * (i) paragraph (b) and “and” immediately before it, and
 * (ii) in the words following paragraph (b), the words “, in relation to the provision of that entertainment,”,
 * (c) omit subsections (3) and (4),
 * (d) in subsection (8)—
 * (i) for “music entertainment” substitute “dancing” and in paragraph (a) of that definition omit “(e) or”, and
 * (ii) omit paragraph (b) of that definition and “or” immediately before it, and
 * (e) in the heading omit “and live music”.

(2) After that section insert—

(1) Schedule 1 to the Licensing Act 2003 (c. 17) is amended as follows. (2) For paragraph 1(1) substitute—
 * “(1) For the purposes of this Act, the “provision of regulated entertainment” means the provision of entertainment of a description falling within paragraph 2 where the conditions in sub-paragraphs (2) and (3) are satisfied.”

(3) In paragraph 1(2) omit “, or entertainment facilities are,”. (4) For paragraph 1(3) substitute—
 * “(3) The second condition is that the premises on which the entertainment is provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned to take place.”

(5) For paragraph 1(4) substitute—
 * “(4)For the purposes of sub-paragraph (2)(c), entertainment is to be regarded as provided for consideration only if any charge—
 * (a)is made by or on behalf of any person concerned in the organisation or management of that entertainment, and
 * (b)is paid by or on behalf of some or all of the persons for whom that entertainment is provided.”

(6) In paragraph 1(6) omit paragraph (c). (7) Omit paragraph 3. (8) For paragraph 4 substitute—
 * “4 The Secretary of State may by order amend this Schedule for the purposes of modifying the descriptions of entertainment specified in paragraph 2, and for this purpose “modify” includes adding, varying or removing any description.”

(9) For paragraph 7 substitute—
 * “7 The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself a description of entertainment falling within paragraph 2.”

(10) In paragraph 8 omit “or entertainment facilities”. (11) In paragraph 9 omit “or entertainment facilities”. (12) In paragraph 10(1) omit “or entertainment facilities”. (13) In paragraph 11—
 * (a) omit “or entertainment facilities”, and
 * (b) omit sub-paragraph (b).

(14) In paragraph 11A omit sub-paragraph (4). (15) In paragraph 12 omit “or entertainment facilities”.

(1) Schedule 1 to the Licensing Act 2003 (c. 17) is amended as follows. (2) In paragraph 11(a) for “a performance of unamplified, live music as” substitute “the playing of live or recorded music that forms”. (3) After paragraph 12 insert—
 * “12A Live music in licensed venues
 * The provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act on premises authorised to be used for the supply of alcohol for consumption on the premises by a premises licence or club premises certificate, if—
 * (a) the requirements of section 177A(1)(a) to (c) are satisfied, and
 * (b) conditions have not been included in the licence or certificate by virtue of section 177A(3) or (4).”

(4) After paragraph 12A (as inserted by sub-paragraph (3)) insert—
 * “12B Live music in workplaces
 * The provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act, provided that—
 * (a) the place where the performance is provided is not licensed under this Act (or is so licensed only for the provision of late night refreshment) but is a workplace as defined in regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992,
 * (b) the performance takes place in the presence of an audience of no more than 200 persons, and
 * (c) the performance takes place between 8am and 11pm on the same day.”

(5) After paragraph 12B (as inserted by sub-paragraph (4)) insert—
 * “12C Live unamplified music
 * The provision of entertainment consisting of a performance of live music is not (subject to section 177A(3) and (4)) to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music—
 * (a) is unamplified; and
 * (b) takes place between 8am and 11pm on the same day.”

(1) This Act may be cited as the Live Music Act 2012. (2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint. (3) This Act extends to England and Wales only.