In order for a music promoter to stage any kind of event, it is vital that he requires the appropriate licences. The licenses for outdoor events are different from those required for an indoor event due to the differences in the way the events are organised and the different requirements for an indoor and an outdoor event. There are also differences in the licenses for live event and a recorded event.
It is required by law that a public entertainment licence (PEL) is obtained before certain events can take place.I shall begin my essay by explaining what a public entertainment licence is, who needs one and how they are obtained, going on to analyse the different licensing regulations for an outdoor and an indoor event, concluding with my findings and the salient points.A public entertainment licence is needed when there are two or more people performing at an event. A licence is then needed for various aspects of the event, such as pyrotechnics, lasers and so on.
It is not just music events that require a public entertainment licence, they are also required for events such as dancing, plays, cinema, indoor sports and boxing and wrestling. Both indoor and outdoor events require a public entertainment licence, These licences are required whenever public music, singing or dancing occurs, except in any instance when music is performed in a place of public worship, or as part of a religious meeting or service. If a public entertainment licence is not held where necessary, then the promoter may receive a custodial sentence of six months and/or a fine of up to �20,000.So, what exactly is a public entertainment licence? A public entertainment licence enables a promoter to provide a safe and healthy environment for the public and performers.
They also exist to ensure premises are properly managed and to minimise noise and disturbance to local residents.It is only public events that need to obtain a public entertainment licence; i.e., if anyone could buy a ticket for the event then it would be considered as public.
An exclusive membership club or private party would not need a licence. "An event is private if admission is restricted to members of a club and their bona fide guests. However, membership must be obtained at least 48 hours before admission. Membership cannot be available on the door. The Club should also have a constitution and rules.
A list of names and addresses will not suffice. An event is also private if it is by personal invitation only." (Blade, J. (2001) Public Entertainment Licenses. [Online]. Available from: http://www.
greenwich.gov.uk/council/publicservices/entertan.htm [Accessed 05/01/02]).
A public entertainment licence is also not required if the music is provided as background entertainment, this is incidental entertainment. Examples of incidental entertainment include singing in church and background music in a supermarket, where the music is not an influential factor.When applying for an outdoor licence, you are likely to be applying for an occasional public entertainment licence as many outdoor events are one-offs, whereas an indoor public entertainment licence is likely to be applied for annually, covering the whole year as the venue itself will be in need of a licence. An occasional licence is for a maximum of four similar events in a calendar month.
An annual licence lasts up to a year and is suitable for premises where the licensee intends to host regular entertainment.The licensing of public entertainment by local authorities outside London is stated in Schedule one of the Local Government Act of 1982, or the Local Government Act of 1963 for inside London. This schedule applies to indoor events, excluding music relating to religious worship or in part of a pleasure fair. Part of this schedule relates to the use of music for an outdoor event and the local authority can choose whether to adopt these guidelines. Licences for outdoor events are issued for the following purposes: To ensure safety of performers and members of the public; to make sure there is adequate access for emergency vehicles; to ensure that adequate sanitary appliances are provided; and to prevent unnecessary disturbance to local residents.Copies of a public entertainment licence application are sent to various people: One is sent to the council's building control officer, who advises whether the means of escape, electrics, heating and ventilation are satisfactory; another is sent to the local fire authority who evaluate the fire fighting equipment, evacuation procedures and flammability of fabrics and furnishings, a further copy is sent to the local Environmental Health Officer who advises on noise control; and a final copy is sent to the police to evaluate the management of the premises and potential disturbances to local residents.
Any of these bodies may wish to view the premises, if they are not satisfied that the premises are suitable for staging an event, it is possible for them to grant a provisional licence, on the basis that the premises is brought up to the council's satisfaction before it hosts any event. "Power is provided to grant a provisional licence subject to confirmation, in respect of premises that are being constructed, extended or altered where the authority is satisfied that, if completed in accordance with the deposited plans, it would grant the licence. On completion according to the approved plans, and if satisfied that the licence is held by a fit and proper person, the authority shall confirm the licence." (Leeson, J.
(1995). Environmental Law. Pp.310).Public entertainment licences have variable fees.
According to the West Wiltshire Government website, outdoor licences start at �144, based on attendance of one to two-hundred and ninety-nine, up to �1803, for attendance of over four thousand. The cost of an occasional licence is stated as �103 for a previously unlicensed premises and �51 for a previously licensed one. Indoor annual licenses range from �180 to �566, depending on whether the premises has held a previous licence and on how many people the premises will accommodate. (Source: How Much Does a Public Entertainment Licence Cost? [Online]. Available from:http://www.west-wiltshire-dc.
gov.uk/envserve/Public%20Ent%20Licences.htm [Accessed 20/12/01]).Public entertainment licences set standard requirements, which all licensees must comply to. Typical standards set for indoor events include regulations for attendants and door staff.
All premises holding an entertainment licence must display a conspicuous declaration at the entrance. Other standards stipulated by an indoor licence include electrical installation standards, possession of public liability insurance, use of reinforced glass, emergency lighting, residual current devices, fire precautions and procedures, maintenance, emergency exits, staff. There are also specific requirements for seated events, relating to capacity, fixing of seating and gangways.For outdoor events there are specific requirements for open- air events, relating mainly to sanitation, emergency access, noise disturbance and public safety.
There are also conditions for the use of marquees, these conditions relate to the positioning of marquees, site access, structural fire precautions, fire escape procedure, fire warnings, staffing, heating, electricity usage and cooking, where to no member of the public is to be admitted to an area where cooking is to take place. All equipment is also to comply with the relevant British Safety Standard, as with indoor events. There are also specific standards regarding the level of noise, the environmental health officer will give guidelines for the maximum noise level to avoid disturbance to local residents.Despite the fact that public entertainment licences are here to make events safe for everyone, they can be a hindrance, not only because of the lengthy process one has to go through to obtain one and the costs of obtaining a licence, but licences can cause many other problems for promoters and for those wishing to attend an event, particularly in the case of festivals.
From the outset, festival organisers face strict legislation and licence regulations for outdoor events, including standards for environmental health and public safety. These restrictions are causing much temptation for people to host illegal festivals, and parties, which can cause major disruptions within the local community due to a lack of regulations on noise levels, parking and health and safety.Small promoters and publicans are also troubled by public entertainment licenses, as the cost of obtaining one is often financially unviable. With the case of publicans, they are having licenses enforced if they have a member of the public performing in their pub. These costs and formalities of acquiring a public entertainment licence are causing fewer publicans to obtain licenses and are discouraging small promoters.
"PEL enforcement over the last 20 years by local authorities is responsible in large part for the rise and rise of nightclubs and the decline in the variety of smaller venues for live music" (Birchall, H. CaLM 1-Campaign for Live Music. [Online] Available from: http://www.tradmusic.
net/calm.htm [Accessed 22/12/01]).So, there is a worry that public entertainment licenses have a negative effect on the public, due to excessive fees resulting in fewer small promoters, thus less variety and choice for members of the public. It is not only members of the public that this factor may have an adverse effect on; it is also unfortunate for small and unsigned bands. With fewer licence holders, there are fewer places for these bands to perform. This could result in a decline in the amount of new talent unveiling itself as the obstacles that they face when trying to make themselves heard discourage increasing numbers of performers.
There has been a call for a reform to entertainment licence laws, largely due to the differences in licence requirements and fees among local authorities. The total annual revenue generated by public entertainment licenses is in the region of �11 million. The licence fee for similar events in similar premises can vary as much as 10,000 per cent between local authorities. The Arts Council is in support of a reform, believing that easier organisation of local performing art initiatives will help reduce social exclusion. "PELs are, in effect, a regressive tax on cultural life.
They reinforce social exclusions because poorer communities that cannot afford the cost of going to the theatre or music concerts are being denied the right to make their own cultural life." (Birchall, H. CaLM 1-Campaign for Live Music. [Online] Available from: http://www.
tradmusic.net/calm.htm [Accessed 22/12/01]).In April 2000, the government announced a major review of the alcohol, public entertainment, theatre and cinema licensing systems in England.
Although the regulations are intended to protect the public, the Home Office felt that they were complex and unreasonably bureaucratic. The reasons as to why public entertainment licenses are seen as problematic are that they are inconsistent between various licensing authorities; there are unnecessary differences between theatres, clubs and cinemas; some authorities impose tedious burdens on some venues; fire safety and health and safety regulations are duplicated; and there has been evidence of excessive fees for licenses. It is possible that a Premises Licence, authorising the sale of alcohol and other refreshments and provision of public entertainment, may replace the current system. This new licence would be priced similarly throughout local authorities and would be easier to obtain.The licenses required for indoor and outdoor events are very similar to each other in some respect, although they naturally have some clear differences due to the different natures in which they are organised and to the difference in venue.
The public entertainment licence for an indoor and an outdoor event typically set the same standards, although there are more requirements for an outdoor event due to the nature and size of the event.Outdoor events are likely to attract more people, increasing the risk of over crowding. With the problem of over crowding comes the problem of access for emergency vehicles. Outdoor events are also more likely to cause a disturbance to local residents than indoor events; you can sound-proof a building but you cannot sound-proof an outdoor event. There is also the problem of speaker position with outdoor events in that speakers must not be directed in the direction of a residential area.
There is also the issue of food outlets at an outdoor event. All food outlets must comply with the relevant food safety regulations and fire safety regulations.Local authorities also encourage organisers to pay for policing at an outdoor event, although some promoters feel that this can be a dangerous precedent. A police presence at an event can cause hostility, something best avoided at any event. People who attend concerts are unlikely to enjoy the feeling that they are constantly under the watchful eye of a police officer.
Public entertainment licenses exist in order to be beneficial to everyone involved in an event. It is true that they can also cause limitations in the organisation of an event and be a burden, but promoters need to be able to work with the local authorities, not against them when applying for a licence in order that they put on an event to its full potential. "[Organisers] should try and gain a good relationship with the relevant authorities including the police force and the licensing department of the council. Introduce yourself to the area, make contact with local residents and businesses, test the ground without doing anything too controversial." (Rudd, J. Cited in The Trouble with Organising a Festival/Party: Are Licenses another way of Saying NO to Festivals.
Organising Festivals in the '90s Presents Unique Hurdles. [online]. Available from: http://www.gn.apc.org/tash/Licence2.
htm. [Accessed 05/01/02]).So, indoor and outdoor licenses are similar, but certainly not completely similar. There need to be differences in licensing standards because there are differences in the way that indoor and outdoor event are organised and so the licenses need to accommodate these differences, otherwise these events would not be able to take place successfully and safely. The public entertainment licence may not be perfect, but it holds the right principle; to ensure the safety of all involved and to give regard for local residents, whilst still allowing the audience to have a good time.
