Entertainment Licensing Laws
The current law regarding the licensing of small pubs in relation
to the presentation of live entertainment with more than two performers appears
unreasonable, poorly thought out, and unfairly discriminatory towards small
time working bands and already hard pressed Landlords. It also does not appear
to be in the best interests of the public, whom such laws are supposed to serve
and safeguard. It is not perhaps the need for licensing at times that is questionable,
but the criteria by which the need is currently judged.
The Current Law
The current law allows small pubs to present discos or live
duos without the need for an entertainment's license but not a band. Where a
duo can tread without contravening the law, a trio cannot. Live bands with more
than two performers are not permitted unless the venue holds an entertainment's
license. To obtain a license a venue must become subject to strict regulations
involving fireproofing of furniture and upholstery as well as the installation
of clearly labelled outwardly opening fire exits. As most small pubs have doors
that open inwardly this operation can prove to be expensive. The venue must
also pay for the cost of a license. This law currently inhibits many small pubs
from presenting live bands, even though they would like to. The same peculiar
law outlaws karaoke evenings if there are more than two people singing at any
one time and also means that the traditional pub sing-a-long is illegal if more
than one person is singing along with the pianist at any one time. Some local
authorities have included karaoke under the licensing laws because over the
course of an evening more than two people will be performing, even though the
performers are unpaid. Contravening the licensing law can make one liable to
a fine of up to twenty thousand pounds.
Problems With The Current Law
The end result of the current law is a shortage of work for
the small time musician, a shortage of customers for the small time venue and
a shortage of local entertainment for the public. The current law also inhibits
the growth in entertainment by denying opportunity to up and coming bands. The
current law has without doubt contributed to individuals going under in the
present economic climate. As there is already a shortage of work, one has to
be sure that jobs are not displaced unnecessarily and without sufficient justification.
Also, where so many people are losing out, one has to be sure that the law is
just. This does not currently appear to be the case here and as it can be demonstrated
that regulations and criteria are currently unjust, it would be of great benefit
to a great number of people to scrap the licensing of entertainment at this
level all together.
What Is Unfair With The Current Criteria?
It appears unreasonable that small pubs wishing to present
bands should be asked to comply with tougher criteria than if presenting discos,
duos or other forms of live entertainment. As discos can attract as many people
as live bands and can also attract trouble-making elements, one cannot argue
that there is any more likelihood of problems arising on a live band night than
on a disco night. As discos can also create as much noise and significantly
more in some cases, one cannot argue that live bands present any greater degree
of noise pollution. Sound pressure level is dependent upon the level of amplification
and not necessarily the number of performers. A solo performer or duo, with
the aid of current technology, can present as full a sound as any large band.
This presentation can include taped or sequenced recordings with sampled drum
sounds, percussion, keyboards, orchestras, choirs and special effects such as
thunder and explosions. The sound can then be amplified to any required level.
With the current criteria, this is allowable and all within the law, but three
old gentlemen playing in an acoustic jazz trio, or four young ladies playing
in a string quartet, un-amplified, at the same venue, would be breaking the
law. With regard to the generation of noise pollution, it is clear that discos
and amplified duos are quite capable of generating high sound pressure levels.
Therefore, one can only use common sense to ensure that noise does not become
a problem with local residents as has always been the case for venues, licensed
or not.
Traditional Pub Sing-Along Illegal
It appears unreasonable that in an unlicensed venue karaoke
is technically illegal if more than two people are singing, making it against
the law to impersonate acts such as The Supremes or The Four Tops unless the
venue is licensed. It is also unreasonable that karaoke is technically regarded
as illegal because (over the course of an evening) more than two people will
have taken part in the entertainment, even though they are not getting paid
as professional performers and would not all be performing together at any one
time. By the same standards the traditional pub sing-a-long is technically illegal
if more than two people are singing, or more than two different people sing
on the same night, and this is not including the pianist. Karaoke evenings have
been banned in venues that do not hold an entertainment's license for the above
reasons. It appears ridiculous to consider that karaoke is illegal if more than
two people are singing. It is also ridiculous that the traditional pub sing-along
is illegal if more than two people are singing.
Let Size Dictate
When all the above points are considered, is it then reasonable
that small pubs wishing to present live bands or karaoke should have to abide
by regulations that are any different from pubs offering duos or discos? There
is after all a natural barrier which prevents larger shows from taking place
at small venues and that is simply the size of the venue.
Suggestions For More Sensible Criteria
As it is currently hard to demonstrate that regulations and
criteria are just, it would benefit a great many people to scrap the licensing
of entertainment at small venues all together. It would appear more suitable
to judge the need for licensing on the potential capacity of a venue, or as
to whether a venue charges admission fees. The need for licensing could therefore
be reserved for bigger professional venues where there is a greater need to
consider crowd control and associated problems.
Dealing With Complaints
Any complaints from local residents regarding noise pollution
arising from the presentation of live entertainment at venues can be dealt with
in the normal fashion reaching a compromise engineered to keep everybody happy.
Control of the situation is maintained in the usual manner by the local authority.
Points In Favour Of Scrapping The Law
For Small Venues
- People like to see small time pub bands performing at local
pubs.
- Small time musicians rely on work at local pubs especially
in the current economic climate.
- Young up and coming bands rely on local gigs to get their
experience and this too should be encouraged.
- Local people, who are not that well off, rely on local gigs
to be able to afford to see a live band.
- Landlords and Landladies also like to offer small time live
bands at their pubs if it proves to be an attraction to local people, bearing
in mind that some pubs are not viable unless they can offer live music.
- Building a success in these areas is good for the economy
and ultimately brings in more tax revenue.
- This move would be favourable with the majority of people
of all ages.