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Coldplay gig raises licensing issues

Published Tuesday 28 February 2006 at 14:45 by Nuala Calvi

Recording studios look set to become the latest unintended casualties of the Government’s Licensing Act as experts warn they must get clearance costing hundreds of pounds a year to let people play live music on their premises.

The problem came to light following a gig performed by Coldplay at Abbey Road studios this month, attended by competition winners, which is set to be broadcast on BBC Radio 2 in April.

Under the act, if entertainment is provided for profit or is put on in public the venue must have a licence. Westminster City Council’s legal team also believes that this show should have been licensed even though only winners of the competition - who did not pay for the tickets - were admitted.

A statement from the council’s lawyers said: “If Coldplay had simply recorded some music at Abbey Road for later transmission by the BBC, it can safely be assumed that Abbey Road would be doing it for consideration and with a view to profit. Even if Abbey Road allowed the studio to be used free of charge that would not avoid the fact that the studio would need to be licensed for any other recording sessions carried out on a commercial basis.”

If the decision becomes council policy it is likely to affect all recording studios in the area and could influence the policies of other local authorities.

The Licensing Act, which came into force in November last year, has already caused huge problems for touring circuses, which now have to apply for separate licenses in every area they visit.

Live music campaigner Hamish Birchall told The Stage: “It illustrates just how wide the meaning of ‘public’ is under the act and confirms what a lot of people suspected - that recording studios may be licensable just for going about their ordinary business. If this becomes policy, musicians would have to double check whether a recording studio was correctly licensed.”

Licensing lawyer Dale Collins from solicitors Osborne Clarke, who has advised Arts Council England on the act, claimed Westminster’s interpretation of the law was correct.

He said: “Under the old legislation, local authorities usually treated events as private if a member of the public was unable to pay an admission fee and walk in off the street. But it is conceivable that a section of the public, as specified in the new act, includes those who won the online ticket competition and the celebrities present.

“Even if it is determined not to be public, as it appears the BBC hired the studio this suggests that the event organisers paid those providing the entertainment facility and hence falls within the catch-all provision of providing the entertainment ‘for consideration and with a view to profit.’ So they’re caught one way or the other.”

A BBC spokesperson said: “The recording of Coldplay at Abbey Road on 13 February 2006 for BBC Radio 2 Live & Exclusive was a private event. The BBC was notified by Abbey Road Studios, prior to the event taking place, that all legal requirements had been met.”

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