• ensure that an age verification policy requiring photo ID with date of birth and a hologram is operated in relation to individuals who appear to be under 18 (or such older age as is specified in the policy);
• ensure that alcohol (unless it is supplied in sealed bottles, tins etc) is available in small units: half pints for beer and cider, 25ml or 35ml for gin, rum, vodka or whisky, and 125ml for still wine in a glass, and ensure that customers are made aware that these measures are available.

PERSONAL LICENCES TO SELL ALCOHOL

Added 24/11/14. This information updates s.47.2.2 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
Most premises In England and Wales where alcohol is supplied under a premises licence must have a designated premises supervisor (DPS), who has day to day responsibility for running the premises. There is an exception under which village halls, church halls and similar community premises which have a premises licence can apply for removal of the requirement to have a DPS. Instead, the governing body as a whole takes on the responsibilities of a DPS.

A DPS must hold a personal licence to sell alcohol, issued under the Licensing Act 2003. It is not a requirement for everyone who sells alcohol to hold a premises licence, but anyone who does not hold one must be authorised to sell alcohol by a personal licence holder. This does not have to be the DPS.

General information about personal licences, designated premises supervisors and other aspects of alcohol licensing is at www.gov.uk/alcohol-licensing.

Personal licences are issued by the local authority and are valid for 10 years. Clause 55 of the Deregulation Bill, which is going through Parliament, will remove the renewal requirement, so any licence issued or expiring on or after the day this provision comes into effect will be valid indefinitely, with no requirement for renewal.

Under s.121 of the Licensing Act 2003, personal licences must be renewed between one and three months prior to their expiry. The first licences under the Licensing Act were issued in February 2005, so are now in their renewal period. Anyone with a licence due for renewal should carefully monitor the progress of the Deregulation Bill at services.parliament.uk/bills/2014-15/deregulation.html, and renew if the new legislation will not be in place by the renewal deadline.

The Deregulation Bill itself can be accessed on the parliament website via tinyurl.com/ps3n425.

While planning to make personal licences indefinite, the Home Office also consulted from 12 September to 7 November 2013 on abolishing personal licences and allowing local authorities to impose targeted conditions on premises licences where appropriate. There was significant opposition to this from local authorities and businesses, and the government announced on 24 March 2014 that the system of personal licences would be retained. The consultation documents and government response can be accessed via tinyurl.com/pqdgqec.

Presumably because the government was hoping to abolish personal licences, the Deregulation Bill provision to make them indefinite does not include any way of ensuring the person remains suitable as a licence holder. One commentator has suggested that the system in Scotland, where personal licence holders must undertake mandatory training every five years, could be considered for England and Wales.

ALCOHOL LICENSING: INCREASED MAXIMUM FOR TEMPORARY EVENT NOTICES

Updated 24/11/14. This information updates s.47.2.3 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
A temporary event notice (TEN) can be used for a one-off event involving the sale of alcohol and/or regulated entertainment [see below] which would normally need a premises licence. At present, there is a limit of 12 TENs for the same premises in a calendar year, starting on 1 January.

From 1 January 2016, the number of events for which a temporary event notice can be given for the same premises will be increased from 12 to 15 in a year.

This change is in s.54 of the Deregulation Bill, which is currently going through parliament and is on the parliament website via tinyurl.com/ps3n425.

TEMPORARY EVENT LICENCES (TENs)

Updated 26/5/13. This information updates s.47.2.3 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
The Licensing Act 2003 requires a premises licence, club premises certificate (CPC) or temporary event notice (TEN) to be obtained before alcohol is sold on any premises or out of doors or is given to people who pay an admission fee or other indirect charge, or before regulated entertainment takes place or late night refreshment is provided. Entertainment is regulated if it takes place in the presence of an audience of one or more persons, and involves performance of plays, dance or live music; indoor sporting events; boxing and wrestling (but not other sports) as outdoor events; film showings; or any playing of recorded music, for example as an accompaniment to dancing. Some regulated entertainment is exempt from the need for a premises licence, CPC or TEN.

A Home Office consultation in 2010 on revisions to the Licensing Act looked at how to reduce the burden and bureaucracy of licensing and revise the system of temporary event notices. The consultation led to new provisions on temporary event notices in ss.112-117 of the Police Reform and Social Responsibility Act 2011 (PRSRA), which came into effect on 25 April 2012.

A TEN is required for a one-off event at any premises or out of doors, involving the sale of alcohol and/or public entertainment for which a premises licence would normally be needed. A TEN might also be required for an event at a private home — such as a fundraising event — at which alcohol is to be sold or provided in return for a "donation", or at which regulated entertainment takes place.

From 1 October 2012 the range of events needing an entertainment licence for live music was reduced, and further exemptions from the need for an entertainment licence are being introduced during 2013 [see Deregulation of live music and other regulated entertainment, below].

From 25 April 2012, under provisions in the Police Reform and Social Responsibility Act 2011:

• the environmental health authority is able to object to a TEN, rather than only the police as was the case;
• the police or environmental health authority is able to object to a TEN on the basis of any of the licensing objectives, rather than only on prevention of crime and disorder as was the case;
• objections by the police or environmental health authority have to be made within three working days, rather than two working days as previously;
• if there are objections from the police or environmental health authority and all or part of the premises to which the TEN will apply already has a premises licence or club premises certificate, the licensing authority has discretion to apply the existing licence conditions to the TEN;
• the requirement for TENs to be submitted at least 10 days before the event is due to start remains, but there is now provision for late TENs to be submitted between five and nine days before the event. But if there is any objection from the police or environmental health authority a counter-notice to the late TEN will be issued with no right of appeal and the event cannot go ahead;
• TENs that are submitted 10 or more days before the event are now referred to as standard TENS;
• in any calendar year a personal licence holder can submit no more than 10 late TENS (out of their total of 50 TENs that can be submitted), and a non-personal licence holder can submit no more than two late TENs (out of their total of five);
• the statutory limit on the duration of a single temporary event has been increased from 96 to 168 hours, which allows week-long events to be run without a break;
• the same premises can be used for events covered by a TEN for a maximum of 21 days in any calendar year, rather than 15 as previously.

ALCOHOL LICENSING: COMMUNITY & ANCILLARY SELLERS NOTICE (CAN)

Added 24/11/14. This information adds a new s.47.2.4 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
Under clause 55 and schedule 17 of the Deregulation Bill, which is currently going through Parliament, community groups and low-risk businesses will be able to sell or give away limited amounts of alcohol through the use of a community and ancillary sellers notice (CAN).

"Selling" means not only clearly charging for an alcohol drink, but also providing drinks which may be called free or complimentary, but in reality are given as part of the price for a ticket or similar admission fee, or in exchange for a donation, or as part of a contract for provision for a service (such as bed and breakfast provision).

The CAN is intended for community groups, such as voluntary organisations and charities, which hold occasional events at which they would like to sell or provide, in return for a donation or admission fee, limited amounts of alcohol which is ancillary to the main event. It would be a light-touch alternative to the normal licensing regime, which applies to businesses selling much higher quantities of alcohol. The normal regime requires a premises licence (costing £100 to £1900) and accompanying personal licence application fee of around £75, or multiple temporary event notices at £21 each, which are limited to 12 per year at each premises.

Community groups will be able to name up to three premises at which they intend to provide alcohol at organised events, with a maximum of 300 attendees. The alcohol can be sold only between 7am and 11pm, and must be ancillary to the main purpose of the event; the example given is a glass of wine at a play or with a lunch.

The CAN is also intended for low-risk businesses, defined initially only as b&b providers and similar small overnight accommodation providers. The rules for them will be different from those for community groups.

The CAN would last three years. The aim is to keep the fee as low as possible, and certainly below that of a premises licence fee.

The Home Office consulted from 11 November to 9 December 2014 on the details of issues such as exact limits on the amount of alcohol that can be served and any exceptions, the definition of qualifying community groups, eligible business types (including the maximum size), the frequency of permitted events, and details of the fee. The consultation documents, including a two-page factsheet about the proposed changes, can be accessed on the Gov.uk website via tinyurl.com/md3h2yw.

The Deregulation Bill is currently going through Parliament and can be accessed via tinyurl.com/ps3n425.

DEREGULATION OF REGULATED ENTERTAINMENT

Updated 24/11/14. This information updates s.47.4 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
When the Legislative Reform (Entertainment Licensing) Order 2014 (LRO) comes into force, expected 6 April 2015, long-awaited changes to entertainment licensing in England and Wales will finally be in place. This follows several years of piecemeal changes.

The draft LRO was laid before Parliament on 8 July 2014, following a Department for Culture, Media and Sport consultation from 22 October to 17 December 2013. The consultation documents, draft LRO and detailed explanatory document are on the Gov.uk website via tinyurl.com/o2rassd.

The Home Office's detailed guidance on which entertainments currently need licences and which are exempt is in chapter 15 of its Licensing Act guidance, amended June 2013, at tinyurl.com/c62zzeh, and will be amended when the LRO comes into effect. The local authority's licensing officer can provide advice for specific premises, events and activities.

It is important to note that deregulatory measures for regulated entertainment apply only to entertainment licensing (as defined in the Licensing Act 2003, and implemented by the local authority). If alcohol is provided, an alcohol licence may be required. And even where no alcohol or entertainment licence or temporary event notice (TEN) is required, it is likely to be necessary to obtain licences for use of copyright music, film or other works [see PPL and PRS for Music, below].

Cross-activity exemption
From 6 April 2015 (expected date), there will be an exemption from all entertainment licensing for entertainment between 8am and 11pm, regardless of audience size, for:

• entertainment activities held by or on behalf of a local authority, on its own premises;
• entertainment activities held by or on behalf of a health care provider, on premises forming part of a hospital in which that provider has a relevant property interest or which are occupied by the provider;
• entertainment activities provided by or on behalf of a school proprietor (except further and higher education, and language schools), on the school's premises.

Live and recorded music
The Live Music Act 2012, which came into effect on 1 October 2012, removed the licensing requirement for many performances of amplified live music or entertainment of a similar description in on-licensed premises and in workplaces, provided they take place between 8am and 11pm and the audience is no more than 200 people. For unamplified live music, there is no audience limit.

For details of the October 2012 changes, see www.sandy-a.co.uk/vslh/47events.htm. The Live Music Act 2012 is at www.legislation.gov.uk/ukpga/2012/2.

The Legislative Reform (Entertainment Licensing) Order 2014 [see introduction to this article] will bring in further changes from 6 April 2015 (expected date):

• On-licensed premises. The audience limit will be increased from 200 to 500 for amplified live music between 8am and 11pm. The exemption from licensing will be extended to apply to recorded music, for example DJs and discos, between 8am and 11pm and with an audience up to 500.


• Community premises. For church halls, village halls, community centres and similar community premises (excluding domestic premises) that do not have a licence for the consumption of alcohol on the premises, the exemption from music licensing will be extended to apply to recorded music, and the audience limit will be increased from 200 to 500 for both recorded and amplified live music between 8am and 11pm.


• Local authority, school and hospital premises. The cross-activity exemption [see above] means that activities run by or on behalf of a local authority, school or hospital, on its own premises, between 8am and 11pm will not require an entertainment licence regardless of type of entertainment and regardless of audience size. But this cross-activity exemption will not apply to activities on these premises that are not provided by or on behalf of the local authority, school or hospital, i.e. activities where the premises are used by an outside organisation or individual(s).
  
  Where an "outside" activity takes place on local authority, school or hospital premises, it will be exempt from needing an entertainment licence for live and recorded music provided it takes place between 8am and 11pm and the audience is no more than 500, and the local authority, school or hospital has given its consent for the activity.


• Other workplaces. For workplaces which do not fall into one of the above categories, the audience limit for amplified live music between 8am and 11pm will be increased from 200 to 500. But as far as I can tell, there will still be no licensing exemption for recorded music, regardless of audience size or time of day.

Community film exhibition
S.62 of the Deregulation Bill, currently going through Parliament, will remove the need for a licence for not-for-profit film showings in community venues such as community centres and village halls, where the showing takes place between 8am and 11pm and the audience is no more than 500. No date has been set for this change.

The Department for Culture, Media and Sport consulted from 4 July to 28 August 2013 on this change. The government's response, published on 19 December 2013, is at tinyurl.com/ovdy7fl. The Deregulation Bill is at tinyurl.com/p8em8lq.

Plays, dance and indoor sport
Changes announced in January 2013 came into effect on 27 June 2013, removing the requirement for an entertainment licence or temporary event notice (TEN) from:

• the performance of plays between 8am and 11pm for audiences of no more than 500 people;
• the performance of dance (with some exceptions) between 8am and 11pm for audiences of no more than 500 people;
• an indoor sporting event from 8am to 11pm for audiences of no more than 1,000 people (unless it combines boxing or wrestling with one or more martial arts, in which case it must be licensed as a boxing or wrestling entertainment rather than an indoor sporting event).

DEREGULATION OF LIVE MUSIC AND OTHER REGULATED ENTERTAINMENT

Updated 26/5/13. This information updates s.47.4 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
Live music
The Live Music Act 2012, which applies only in England and Wales, came into effect on 1 October 2012. S.3 of the act amends schedule 1 of the Licensing Act 2003 so that the following are no longer regulated entertainment and therefore do not require a licence:

• live performance of music or entertainment of a similar description, whether amplified or unamplified, in premises licensed for the supply of alcohol, provided that at the time of the entertainment alcohol is being supplied for consumption on the premises, the audience is not more than 200 persons, the entertainment takes place between 8am and 11pm, and the licence does not include a condition saying this provision does not apply;


• live performance of music or entertainment of a similar description, whether amplified or unamplified, between 8am and 11pm to an audience of not more than 200 persons, in premises which are not licensed under the Licensing Act but are workplaces as defined in the Workplace (Health, Safety and Welfare) Regulations 1992;


• the performance of unamplified live music or entertainment of a similar description in any premises, regardless of audience size, between 8am and 11pm, unless the premises are licensed for the supply of alcohol for consumption on the premises and the licence says that this music provision does not apply.

Plays, dance and indoor sporting events
As well as deregulating live music, the Department for Culture, Media and Sport consulted, from 10 September to 3 December 2011 on deregulation of other types of regulated entertainment in England and Wales, as defined in schedule 1 of the Licensing Act 2003. This consultation sought to remove what it called the inconsistent, illogical and capricious distinctions between various entertainment licensing requirements.

Following the consultation, DCMS announced on 8 January 2013 a range of deregulatory measures that will exempt many cultural and entertainment events from having to apply for a temporary event notice (TEN) or entertainment licence [see Temporary event notices, above].

DCMS initially said it expected the first tranche of changes to come into effect in April 2013, but it now looks like it will be summer 2013. Under these changes:

• the performance of plays will no longer require a licence between 8am and 11pm for audiences of up to 500 people;
• the performance of dance will no longer require a licence between 8am and 11pm for audiences of up to 500 people;
• an indoor sporting event will no longer require a licence from 8am to 11pm for audiences of up to 1,000 people (unless it combines boxing or wrestling with one or more martial arts, in which case it must be licensed as a boxing or wrestling entertainment rather than an indoor sporting event).

PPL & PRS LICENCES FOR PLAYING OR PERFORMING COPYRIGHT MUSIC

Updated 2/3/14. This information updates s.47.6 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
In addition to any licences which might (or might not) be required under the Licensing Act 2003 [see above], licences to play copyright music are required for public events, and for other public situations such as background music in shops, street performances, festivals, use of music in day centres or for dancing or keep-fit classes, or any other performance of live, recorded or broadcast music which is not within a purely domestic setting. Licences are even required for settings which might not be thought of as public, such as offices and other workplaces.

The main licences are from the Performing Right Society for Music (PRS for Music) covering the copyright on the music and any lyrics when they are performed or played publicly, and from Phonographic Performance Limited UK (PPL) covering the copyright on the particular performance of the music which is recorded on a record, tape, CD, computer, game or similar or is being broadcast on radio, TV or other media. PRS royalties go to the songwriters, composers and music publishers, and PPL royalties go to the artists, performers and recording companies.

In addition to PPL and/or PRS for Music, licences may also be required from Video Performance Ltd for music on video or DVD.

Since 1 January 2012, community buildings run by voluntary organisations have been eligible for a special joint licensing scheme administered by PRS for Music and covering both PPL and PRS for Music licences. Community buildings include community centres, village halls, memorial halls, parochial halls, separate church halls serving the community at large, women's institutes, welfare institutes and comparable premises, where the organisation's "defined income" is not more than £50,000 per year.

Information about PPL and PRS for Music licences is available from PPL at www.ppluk.com, and PRS for Music at www.prsformusic.com. Note that when the websites refer to businesses, this generally includes charities and other voluntary and not-for-profit organisations. Information about the community buildings licence is available from PRS for Music and from Community Matters at www.communitymatters.org.uk.

PPL & PRS LICENCES FOR PLAYING OR PERFORMING COPYRIGHT MUSIC

Updated 26/5/13. This information updates s.47.6 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
In addition to any licences which might (or might not) be required under the Licensing Act 2003 [see above], licences to play copyright music are required for public events, and for other public situations such as background music in shops, street performances, festivals, use of music in day centres or for dancing or keep-fit classes, or any other performance of live, recorded or broadcast music which is not within a purely domestic setting. Licences are even required for settings which might not be thought of as public, such as offices and other workplaces.

The main licences are from the Performing Right Society (PRS for Music) covering the copyright on the music and any lyrics when they are performed or played publicly, and from Phonographic Performance Limited UK (PPL) covering the copyright on the particular performance of the music which is recorded on a record, tape, CD, computer, game or similar or is being broadcast on radio, TV or other media. PRS royalties go to the songwriters, composers and music publishers, and PPL royalties go to the artists, performers and recording companies.

The cost of PPL and PRS licences depends on a number of factors, including the type of premises — for example office buildings; shops; schools and colleges; social, member and not-for-profit sport clubs; and halls for hire. Information for these and other premises, including what the licences cover and how much they cost, is available from PPL at www.ppluk.com and from PRS for Music at www.prsformusic.com. Note that when the websites refer to businesses, this generally includes charities and other voluntary and not-for-profit organisations.

In addition to PPL and/or PRS, licences may also be required from the licensing authority for regulated entertainment or Video Performance Ltd for music on video or DVD.

End of PPL exemption for charities and other voluntary organisations
Until 31 December 2011, charitable and other non-governmental not-for-profit organisations were exempt from the requirement to obtain a PPL licence if there was no admission charge for the activity at which the music was played, or if the proceeds of any admission charge or sales were used for the purposes of the organisation. This exemption covered only PPL licences, not PRS. The same exemption applied for activities or organisations such as charity shops which are "beneficial" to charitable or similar organisations.

From 1 January 2012, this exemption has ceased to exist, and charities, other not-for-profit organisations and organisations such as charity shops need a PPL licence if they play recorded music.

Following a consultation from 24 January to 6 March 2012 on proposed arrangements for not-for-profit sports clubs, their exemption from PPL was supposed to remain in place until 1 January 2013 (extended from 1 June 2012). As of the end of May 2013 I have not been able to find anything to say the exemption has ended, so it may still be in place; affected organisations should check with PPL or the Sport + Recreation Alliance. The consultation documents can be accessed on the Sport + Recreation Alliance website via tinyurl.com/6sorzw5.

Tariff CB for community buildings
Community buildings are eligible for a special tariff CB, which from 1 January 2012 covers both PPL and PRS but is administered by PRS for Music on behalf of both bodies.

Tariff CB is available only for community buildings run by voluntary organisations, such as community centres, village halls, memorial halls, parochial halls, separate church halls serving the community at large, women's institutes, welfare institutes and comparable premises, "in respect of their use for a miscellany of entertainments or functions at which copyright music is publicly performed [for PRS] and/or sound recordings are played in public [for PPL]", and where the organisation's "defined income" is not more than £50,000 per year.

Tariff CB does not apply to charity shops, buildings run by statutory authorities, church halls used only for activities of the associated church congregation, or musical performances or events for which the price of admission, whether by ticket, programme or otherwise, is more than £20. Other PPL and PRS tariffs must be used for these.

Parish and neighbourhood councils, as statutory bodies, are not eligible for tariff CB. In the past Community Matters has suggested that such councils might be able to make a case directly to PPL and PRS that they should be included, but the music licensing bodies have now made clear that they will not allow parish and neighbourhood councils to join tariff CB.

Defined income includes only income relating to the building: door takings and similar takings of the voluntary organisation that operates the building; hiring charges received from hirers of the building, but not the door takings of those hirers if retained by them; subscriptions; contracts related to activities taking place in the buildings or on its land; and the net takings from food and drink sales if the voluntary organisation receives these. Defined income does not include VAT, bank interest, grants, donations or gifts related to the community building, nor does it include any income to the organisation that is for work unrelated to the community building, such as a contract for outreach work or other projects the organisation runs in addition to managing the building.

Because grants do not count towards defined income, Community Matters has advised in the past that where grants have been replaced by contracts for the same activities, organisations should make the case to PRS and PPL that this should also be exempt. PRS have now ruled that contract income that has replaced grant income is not exempt and that organisations should include this income in the calculation of the fee for tariff CB. PRS has also clarified that organisations should pay a licence fee on income from other contracts for services that they may win, whether or not these are related to music use. The only exception is for income to the organisation that is not related to their community building.

What is covered by tariff CB. The new tariff CB licences community buildings, land surrounding the building, and the activities that take place within them, apart from commercial activities run by third parties which will need their own separate licences. It also covers music played out loud, including radio, in any vehicles operated by the organisation, including minibuses. There has been an issue about PPL but not PRS covering music in minibuses, but PRS confirmed in April 2012 that PRS will cover minibuses as well, and this provision will be backdated to 1 January 2012.

The PPL element of tariff CB does not apply to jukeboxes, which are licensed by PPL through the jukebox operators or hirers. Nor does it apply to any third party hire to commercial organisations and individuals earning an income from providing the activity (such as commercial aerobics groups, dance classes or slimming clubs) or any event where the profit does not go entirely to the voluntary organisation which operates the building. In this case the hiring organisation must itself have the relevant PPL licence.

The PRS element of tariff CB does not apply to some theatrical performances in which the performing right is not administered by PRS for Music.

Under tariff CB there are some exemptions from the requirement to have a PPL licence, a PRS licence, or both licences, provided no other licensable, music related activity takes place within the building. As soon as any licensable activity at all takes place, the relevant licence fees must be paid on all defined income from the activities that would otherwise have been exempt. These exemptions are:

• A PPL licence is not required if only live music is performed and there is no recorded music, or where the only recorded music played is through a jukebox which has its own PRS licence. The building also does not need a PPL licence if the group hiring the space has its own PPL licence.
• A PRS licence is not required if no live music is performed, and any sound recordings played do not include music still in copyright. Some theatrical performances are exempt from PRS licences.
• Neither licence is required if no music is played or performed, or if the only music is any or all of the following:
  • at private functions such as weddings, birthdays or christenings;
  • live performance of music that is out of copyright;
  • specially purchased copyright-free recorded music or other music not controlled by PRS or PPL;
  • for sacred worship;
  • religious or civil wedding ceremonies, and civil partnership ceremonies;
  • for Medical Music Therapy.
  • some educational use between a student and teacher, in specific circumstances.

Other tariffs
Organisations which are not eligible for (or do not want to join) tariff CB or are above the £50,000 defined income threshold will have to join Tariff GP (General Purposes), Tariff I (Workplaces), or a range of specific tariffs such as LP and LC for popular or classical concerts, V for variety shows and T for theatrical usage. Information is available from PPL, PRS and Community Matters.

Organisations working with children and young people
Music licensing for organisations working with children, young people and families is a very helpful briefing published by Community Matters in March 2012, on behalf of the Department for Education's overarching strategic partnership for voluntary, community and social enterprise sector organisations that serve children, young people and families. The document refers throughout to organisations working with young people, but the content also applies to organisations working with other groups. It can be accessed via tinyurl.com/bwht37n.

LICENCES FOR PLAYING COPYRIGHT MUSIC: END OF PPL EXEMPTION FOR CHARITIES

Updated 28/11/10. This information updates s.47.6 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
Licences to play copyright music are required for public events, and for other public situations such as background music in shops, street performances, festivals, use of music in day centres or for dancing or keep-fit classes, or any other performance of live, recorded or broadcast music which is not within a purely domestic setting. Licences are even required for settings which might not be thought of as public, such as offices and other workplaces.

The main licences are from the Performing Right Society (PRS for Music) covering the copyright on the music and any lyrics, and from Phonographic Performance Limited (PPL) covering the copyright on the particular performance of the music which is recorded on a record, tape, CD or similar or is being broadcast on radio, TV, internet or other media.

At present, charitable and other not-for-profit organisations are exempt from the requirement to obtain a PPL licence if there is no admission charge for the activity at which the music is played, or if the proceeds of any admission charge or sales are used for the purposes of the organisation. This exemption covers only PPL licences — not PRS. The same exemption applies for activities or organisations such as charity shops which are "beneficial" to charitable or similar organisations.

The PPL exemption ends on 1 January 2011. However, there will be a grace period until 1 January 2012 during which fees will not be charged to charities and non-governmental not-for-profit organisations. Local authority and other governmental premises which are not already licensed will have to pay from 1 January 2011. (The PPL website is unclear about whether charities and other NGOs will have to obtain a licence in January 2011, but not pay for it until 2012, or whether they don't have to do anything until 2012.)

The Copyright, Designs and Patent Act (Amendment) Regulations 2010 are at www.legislation.gov.uk/uksi/2010/2694/made. They remove the exemption, but do not include details of the new fee structure or amounts. Negotiations are still going on between PPL and PRS and between PPL and charity representatives, including the Community Sector Law Monitoring Group (CSLMG) which represents 15 national organisations.

Information about removal of the exemption is available from PPL at www.ppluk.com/en/Music-Users/Information-for-Charities/. There are links on the left-hand side of the page to a more detailed information sheet and FAQs.

Information about the campaign for affordability is available from CSLMG via the Community Matters website at www.communitymatters.org.uk/contact-us+webform.