Schedule 1 - Provision of regulated amendments
Licensing Bill [Lords]
2:30 pm
Mr Malcolm Moss (North East Cambridgeshire, Conservative)
I cannot satisfy the hon. Gentleman because I do not have the date on the quotes. I would not have thought such eminent musicians would wax lyrical in that way unless they were sure of their ground.
Amendments Nos. 113, 114 and 110, which appear in my name and that of my hon. Friend the Member for Fareham (Mr. Hoban), would make it clear on the face of the Bill that it is not just the playing of recorded music that is the issue, but the more active involvement in the performance of recorded music by a disc jockey. Amendment No. 2 does not solve the problem; it compounds it.
Returning to the performance of recorded music, there seems to be scope for confusion between the reference to any playing of recorded music in this part of the schedule, and part 2 paragraph 7, which provides exemption for the playing of recorded music
''to the extent that it is incidental to some other activity''.
This calls into question when recorded music is deemed to be incidental. Is that related to the type or simply to the volume of the recorded music?
Will businesses risk being in breach of their operating plan if they misinterpret their recorded music as being incidental and do not include it when submitting their application to the licensing authority? The assumption seems to be that paragraph (2)(1)(f) is aimed primarily at the performance of recorded music by DJs. If that is the case, it needs to be amended as proposed in the interests of clarification.