Licensing: Live Music

House of Lords written question – answered on 15th July 2009.

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Photo of Lord Clement-Jones Lord Clement-Jones Spokesperson for Culture, Media and Sport

To ask Her Majesty's Government what information or guidance has been provided to schools and local authorities concerning the requirement to license the provision of musical instruments as "entertainment facilities" under the Licensing Act 2003 where such instruments are used in public performances of live music or private performances that seek to raise money for good causes.

Photo of Lord Carter of Barnes Lord Carter of Barnes Parliamentary Under-Secretary (Communications, Technology and Broadcasting), Department for Business, Innovation & Skills, Parliamentary Under-Secretary (Communications, Technology and Broadcasting), Department for Culture, Media & Sport, Parliamentary Under-Secretary (Department for Culture, Media and Sport) (Communications, Technology and Broadcasting) (also in the Department for Business, Innovation and Skills), Parliamentary Under-Secretary (Department for Business, Innovation and Skills) (Communications, Technology and Broadcasting) (also the Department for Culture, Media and Sport)

The department has provided general advice to applicants on its website and detailed guidance to licensing authorities on the 2003 Act as it affects the provision of regulated entertainment. However, the Act has devolved responsibility for the administration of the licensing regime to individual authorities and it is for them to consider each application on its own merits. The Act does not draw a distinction between events which are put on for charity purposes and those which are not.

Although the 2003 Act requires schools and colleges to obtain a licence for regulated entertainment to which the public are invited, or for a private entertainment where a fee is charged with a view to profit, they are exempt from paying the licence fee if the event is provided by, located at and for the purpose of the school or college.

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