The Stage

Councils exceed powers over live music licences

Published Thursday 7 July 2005 at 10:40 by Nuala Calvi

Thirty local authorities are being targeted by the pub industry over concerns they are imposing conditions on venues beyond their powers under the Licensing Act and which opponents say are discouraging people from applying for live entertainment permits.

An alliance including the British Beer and Pub Association is writing to the authorities following a successful case against Canterbury City Council, whose policy was ruled unlawful. They say the act, which requires all premises selling alcohol to apply for a new permit this summer along with an entertainment licence for those wishing to host live music, is being used to enforce additional conditions covering areas such as health and safety.

Live music campaigner Hamish Burchill said: “One of the reasons these places are fighting shy of going for live music licences is that they know the local authority will come back and impose a capacity limit.

“The whole way in which health and safety is addressed could change [with] licensing becoming a means of imposing conditions.”

Under the act, licences should be granted automatically unless an objection is lodged, such as by the fire service. The licensing authority cannot alter the conditions under which a venue operates. But Canterbury council attached conditions that should only have been made following a public hearing. It was this that was ruled unlawful.

The policy stated pubs should detail the extra safety measures they would put into place if they were to host events like band nights, including risk assessments of their premises and estimates of the numbers and ages of customers likely to attend.

Restrictions on capacity were also included, with venues expected to say how, on evenings when they had special events, they would ensure capacity was not exceeded.

British Beer and Pub Association chief executive Rob Hayward said: “We’ve had councils saying they want people to carry out a whole range of additional things. It seems some authorities are trying to extend their powers and are presuming powers and imposing conditions. We have considered action against three councils but there are many others about which we have concerns.

“Currently, fire authorities decide if they need to impose a capacity limit and that duty rests with them. We’re arguing it’s for them to decide, not the local authority. If they’re saying you have to look at health and safety, which is already covered by other legislation, it shouldn’t be repeated in the licensing conditions.”

The BBPA, along with the Association of Licensed Multiple Retailers and the British Institute of Innkeeping, is writing to the 30 local authorities cited about concerns over their licensing policies. Legal action against Gloucester City Council and Doncaster Metropolitan Borough Council was dropped following talks.

Canterbury will now have to look at its policy following the judicial review. The council’s senior officer for licensing, Roger Vick, said the policy was intended to remind licensees of their existing health and safety duties and was not designed to fetter people or discourage them from hosting live music.

He added: “The policy was designed to help people understand that we have a duty to keep people safe, which is one of the aims of the act.”