Revised licensing regulations aiming to broaden exemptions for pubs hosting live music have come under fire from Liberal Democrat culture spokesperson Lord Clement-Jones, who has tabled a motion in the House of Lords calling for the changes to be annulled.
The new guidelines to the Licensing Act, published last month by the Department of Culture, Media and Sport, were designed to help local authorities interpret the legislation more consistently and broadened the criteria under which incidental music is exempt from regulation.
However, the changes were criticised by the Live Music Forum - a body set up by the Department of Culture, Sport and Media to assess the impact of the Licensing Act on live music - for being too vague, just days after being published.
Echoing the LMF’s complaints, Clement-Jones is now urging the government to rethink the guidelines, which he believes will not have a positive effect on the live music scene.
The peer told The Stage: “The government hasn’t really taken the opportunity to simplify things. It’s 140 pages of guidance - it’s a very good doorstop.
“But it doesn’t cure all the idiocies of last year, which have been highlighted by the campaigners. And I don’t think the government is correct in saying that that the Licensing Act 2003 has encouraged live music. If anything, it has made councils much more wary. People have cancelled events, good events.”
Earlier this month, the Merits of Statutory Instruments Committee reported that the unclear definition of incidental music would make legal cases regarding the licensing act difficult to resolve, and would “impose a burden on courts”.
Lord Clement-Jones hopes the committee’s involvement will add weight to the criticisms already made. He added: “It is a very well respected committee. That tends to get people interested, across the broader range of peers.”
The DCMS guidelines were bought in to force by negative resolution - meaning they will come into effect unless an objection is put forward. Lord Clement-Jones’ motion will force the subject to be debated by the Lords for the first time. Depending on the outcome of the discussion, the guidelines could be withdrawn or amended.
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