---

Licensing Act 2003 (Second Appointed Day) Order 2005

My Lords, I hope that the House will allow me 60 seconds to say something on behalf of musicians in this country. Every time that I intervened during the passage of the then Bill, the noble Lord, Lord McIntosh, chastised me for my continual interventions, and assured me that there was no problem at all and that it was all in my imagination. However, although the Act includes the ““playing of recorded music”” in the description of regulated entertainment, that is disapplied in the transition to the new regime for existing bars, pubs, restaurants, hotels and any premises that are already licensed to sell alcohol for consumption on the premises. Those places will be allowed automatically to keep jukeboxes or other systems for the playing of recorded sound, no matter how powerful the amplification. However, the automatic permission to have one or two live musicians in such venues—amplified or not—will cease. That was the live performer element of the so-called ““two in a bar”” rule, which since 1961 has been available in those premises as an exception from the general requirement to hold a public entertainment licence for live music. The DCMS hoped that existing pubs, bars and restaurants would seek authorisation during the transitional period by varying their licence application to include live music, which could be done for one fee. However, that variation is not straightforward. It entails public advertisement at the applicant’s expense, and a period for: public consultation; vetting by police, the fire authority, and on grounds of environmental health; planning; and ultimately the approval of the licensing committee of the local authority. If objections are received, whether from local residents or other agencies, a public hearing may be required with the potential for knock-on costs. The Government were warned that the then Bill would do nothing to promote live music. Musicians need venues to play and perform. The Act does nothing to help.