The deregulation of regulated entertainment

music iStock 000006928800XSmall 146x219Andy Woods looks at the latest deregulation of regulated entertainment proposed by the Department for Culture, Media and Sport following on from the Live Music Act 2012.

Further deregulation of “regulated entertainment” has been proposed by the DCMS following the deregulation under the Live Music Act 2012. The reasons for the deregulation are that the current system is perceived as over bureaucratic which places an unnecessary and heavy burden on the voluntary sector, local communities and business.

DCMS has recently published its response to its consultation which received over 13,000 responses and DCMS has watered down its initial proposals following concerns raised about events attracting live audiences and events continuing after 23:00.

The Live Music Act 2012 deregulated amplified music in alcohol licensed premises with less than 200 people present between 08:00 and 23:00 and unamplified music in all venues.

The latest changes will deregulate amplified live music, recorded music, plays and dance between 08:00 and 23:00 for audiences of less than 500 people, and indoor sports between 08:00 and 23:00 for audiences up to 1000. It also clarifies that the permitted audience under the Live Music Act 2012 would increase from under 200 to 500 people. Mixed martial arts and cage fighting will now be included as categories of regulated entertainment and boxing and wrestling will remain regulated although for some reason Greco-Roman and freestyle wrestling will be exempt. Any dance performance that may be determined sexual entertainment will remain regulated.

There are also significant changes to certain public and community venues in which entertainment activities will be deregulated.

  • Local authority, hospitals, nurseries and school premises (not higher education) where the event is hosted by the organisation and takes place on the premises will be exempt between 08:00 and 23:00 with no audience limit.
  • Local authority, hospitals, nurseries and school premises (not higher education) where the event is organised by others with the permission of the local authority will see live and recorded music exempted between 08:00 and 23:00 for audiences up to 500.
  • Community premises such as village halls, church halls, churches and community centres will see live and recorded music exempted between 08:00 and 23:00 for audiences up to 500.
  • Circuses will have live and recorded music, plays, dance and indoor sport exempted between 08:00 and 23:00 with no audience limits.

These changes will be on top of activities which are already exempt, which include: churches, incidental music, recorded music in “on” licensed premises, Morris dancing, busking, stand up comedy and spontaneous music and dancing.

I spoke at a Westminster Briefing conference on Tuesday 23 April 2013 at which Lord Clement Jones and John Penrose MP explained the reasons for the latest set of changes. The conference was attended predominantly by local authority officials who expressed concern that these changes may lead to more noise complaints, more work for environmental health officers and removed to a certain extent the ability of local people to be involved in local decision making. The argument put forward by the politicians is that there are protections already provided by existing legislation such as the Environmental Protection Act 1990, Anti-Social Behaviour Act 2003 and Noise Act 1996.

I think it is fair to say that in general 95% of the proposed deregulation was applauded. It does seem ridiculous that parent associations at school have to apply for Temporary Event Notices for music events and that schools and hospitals similarly need to make applications.

The one area of concern related to the use of community venues such as village halls by third party organisations and the use of unlicensed venues by third party organisations. We have all witnessed in recent years the growth in “promoted events” which generally take place at licensed premises.

There would however under the proposed deregulation be nothing to prevent a third party promoter holding a promoted party either at a community centre or at premises which have no licence. It may be true that alcohol is still regulated and that a licence would be required for alcohol, but if patrons are entitled to “bring their own alcohol” then events for up to 500 people could take place without any notification given to the local authority or responsible authorities and without the local community having the right to object to such an event.

Some promoted events have caused problems in recent years, even when those events are taking place at licensed premises and I have concerns that high risk promoted events, such as those aimed at a particular music genre or dance genre, will now pop up all over the country without any form of regulation. The promoters are not limited companies and enforcement after the event will prove difficult and whilst I have no concerns that events properly run by local authorities or by parish councils will not prove troublesome, I remain sceptical that third parties may well do so.

I would like to clarify, however, that this is a small scepticism on my behalf and that the majority of the changes are welcome.

Andy Woods is a partner at Woods Whur. He can be contacted by This email address is being protected from spambots. You need JavaScript enabled to view it..