Consultation proposal to examine the deregulation of Schedule One of the Licensing Act 2003 (Regulated Entertainment) – Consultation deadline 3rd Dec

Backdated from previous BA website

The APPARENT motivation for deregulating Schedule 1 from the Licensing Act 2003 is to allow small live music events. However what they are doing to achieve this is allowing ANY premises to have ANY form of what was previously regulated entertainment (live or recorded music, dancing etc) without a licence or any relevant conditions.

To prove Statutory Nuisance ONLY the Environmental Health Officer from the Council can state that a Statutory Nuisance was caused. This becomes impossible when in Camden for example, EH officers only work until 4am (on occasion) and as we know the enforcement team is under resourced. It is unworkable.

If Schedule 1 is removed from the Act, and  there is a new application for a pub with recorded music we would no longer be able to ask for them to install a noise limiter as a condition, or keep doors and windows closed to avoid noise breakout, because you can’t put a condition on something which isn’t licensable.
The ONLY recourse we have is to call for a review of the premises licence using the argument of Public Nuisance.  The burden of proof required is so great that it can take years to gather enough evidence to make a reasonable case and some are of the opinion that this again would be near impossible to prove.

Finally those premises with existing conditions applicable to recorded music would keep the conditions on their licence, but they would almost certainly become unenforceable because they are applying to something which has been deregulated.

The proposal is using a sledgehammer to crack a nut and has a huge number of “unintended” consequences.

For that reason we will voice our objection to this ridiculous proposal.

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