This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.

These websites for each chapter update the 3rd edition of The Russell-Cooke Voluntary Sector Legal Handbook by James Sinclair Taylor and the Charity Team at Russell-Cooke Solicitors, edited by Sandy Adirondack (Directory of Social Change, 2009). The websites are not intended as a comprehensive update and should not be treated as such.

To order a copy of The Russell-Cooke Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking . It costs £60 for voluntary organisations or £90 for others, plus 10% p&p.

Chapter 47
PUBLIC EVENTS, ENTERTAINMENT AND LICENSING

CHANGES AND PROPOSED CHANGES IN
ALCOHOL AND ENTERTAINMENT LICENSING

Updated 20/11/10. This information updates s.47.2 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
Under the coalition government responsibility for legislation relating to alcohol licensing has reverted to the Home Office, but responsibility for legislation relating to regulated entertainment remains with the Department for Culture, Media and Sport (DCMS).

Entertainment is regulated and generally requires a premises licence, temporary event notice (TEN) or club premises certificate (CPC) 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, TEN or CPC.

Information about premises licences, TENs, CPCs and the exemptions is available from the DCMS via tinyurl.com/6mo6kx.

In October 2010 the Home Office issued revised guidance on the Licensing Act, intended primarily for licensing authorities. It can be accessed via tinyurl.com/294vml4.

The Home Office consulted from 28 July to 8 September 2010 on revisions to the Licensing Act 2003 which could, among other things:

• increase the opportunities for local residents and residents' groups to be involved in licensing decisions;
• make significant changes to temporary event notices, to give the police more time to object, enable authorities other than the police to object, increase the notification period, and reduce the number that can be applied for by personal licence holders;
• remove the mandatory licence conditions for alcohol licensing.

MANDATORY CONDITIONS FOR LICENSED PREMISES AND CLUBS

Added 7/11/10. This information updates s.47.2 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
In premises which have a premises licence or club premises certificate authorising the supply of alcohol, the responsible person must, from 6 April 2010:

• take reasonable steps to ensure that staff do not arrange, carry out or participate in "irresponsible promotions" which encourage people to drink to excess, such as drinking games, provision of unlimited free or discounted alcohol, or publicity that could reasonably be considered to condone, encourage or glamorise antisocial behaviour;
• not allow one person to dispense alcohol directly into another person's mouth (unless the person is unable to drink unaided because of a disability);
• ensure that free tap water is proved on request to customers where it is reasonably available.

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.

SANDY ADIRONDACK
Governance and legal training and consultancy
for the voluntary sector
39 Gabriel House, 10 Odessa Street, London SE16 7HQ
Tel 020 7232 0726; fax 020 7237 8117
Email:
Web: www.sandy-a.co.uk