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Proposed New Tax on Entertainment
Will Affect Everyone

Updated 2nd Jan 2003


By Mark Ringwood  
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Click here for a recent interview given by Tim Aves to his local newspaper
Click here for a statement by Hobgoblin Music
Click here
for a statement by Billy Bragg

Recently there have been press headlines about the UK Government's proposals to abolish the restriction on pub opening hours but there is a sting in the tail. It lies in the less publicised parts of 'The Licensing Bill' which is currently before Parliament.

At the same time as revising the law on pub opening, the Government is proposing to tidy up the law on entertainment licenses, which is riddled with anomalies. However, rather than making the situation better, the proposed bill makes it far worse.

End of the 'two-in-a-bar' rule
In the past many pubs and clubs have 'got away' without needing a Public Entertainment Licence because they've never had more than 2 musicians appearing at the same time, but they will need a licence in the future. The 'two-in-a-bar rule' was a long outdated regulation and needlessly restricted live music performance but what it is being replaced with will limit live music still further.

High Costs:
There are many other areas of public entertainment. The bill currently before parliament contains provisions that will have a serious impact on all branches of the performing arts, both amateur and professional. All premises in which performing arts activities take place will require a licence from the local authority. No costs have been revealed, but licences will be granted only after inspection by the police, fire authority, health and safety inspectors and after consultation with local residents and interest groups, so the cost will be far from nominal. At present a license for a pub can be anywhere between £100 and £3,000 depending on where in the country it is located.

Music a criminal offence?
Churches, schools, village halls, pubs, restaurants, even private houses will have to be licensed if used for performance events, whether they take place frequently or only occasionally. Performances for members of clubs or for charitable purposes are also subject to this legislation, as are recording studios and premises used for rehearsals. Any performance in unlicensed premises will be a criminal offence, punishable by a large fine and costs, or a prison sentence.

Music in church a sin?
Religious gatherings are exempt but there are anomalies. For example, 100 people attending a church service and singing hymns with orchestral accompaniment will not require a license. However, if the same 100 people go into the same church simply to listen to the orchestra (i.e. a concert) it will require an entertainment license. It really will be a tax on entertainment.

It seems clear that existing legislation relating to law and order, noise nuisance and health and safety makes the licensing of premises specifically for entertainment superfluous, therefore there is no need for new regulations; no other country imposes such restrictions on artistic activities. A leading legal authority has determined that this legislation is incompatible with Article 10 of the European Convention on Human Rights relating to freedom of expression.

Who, then, has been campaigning for these measures? Many think that suspicion must fall on local authorities for which this legislation will be a big money earner. These organisations have had a significant influence on the committee that formulated the Licensing Bill, while bodies representing arts interests have been refused representation.

"Happy Birthday" costs £2000!
Recent experience indicates the lengths to which some local authorities go in applying the letter of the law. A landlord was fined £500, with more than £1,500 costs, for allowing four of his regulars to sing 'Happy Birthday' (without an entertainment license); another was threatened with court action when patrons were seen to be 'tapping their feet' to, and therefore being 'entertained' by, unauthorised music. The new Licensing Bill provides even more opportunities for 'jobsworth' interference in harmless activities.

The net effect of this new law will be curtail peoples' freedom and drastically reduce the number of small-scale music performances. If you value your freedom to enjoy watching and listening to, or participating in, live performance (be it music, drama, poetry reading, or any other performance art) then you need to voice your concern about this new legislation. Once it becomes law, it will be a difficult and lengthy process to get it changed and the damage to the performance arts could well be permanent.

It is vitally important that everyone - not just musicians, but everyone who cares about the future of music in Britain - should  do something about it now! Get in touch with your Member of Parliament, your County and District councillors, and your local paper right now and make a huge fuss about this. Otherwise, the cultural map of this country will be irreparably changed for ever.

Click here for a recent interview given by our old friend, Tim Aves, to his local newspaper. It throws further light on the madness of this proposed new legislation.
Click here for a statement by Hobgoblin Music

Mark Ringwood Write to Mark


Latest (good) News! (10th December 2002)

An Early Day Motion '331 LICENSING OF LIVE MUSIC' which deals with all main concerns discussed here was put forward by Conservative MP Malcolm Moss on 10th December 2002.

Details of this can be found at:

http://www.publications.parliament.uk/pa/cm/cmedm/cmedm.htm

Please ask your MP to sign this as soon as possible and tell all your

friends about it!


Click here for the Home Page
18th Dec 2002