Amplified music in licensed premises

Update 13:55, 29 August 2016 – my proposal to hold a hearing at a separate date into the suggested change in policy was agreed by the board today. That means that everyone, be they musicians, residents or venue managers, will have an opportunity to have their say in person, so long as they are part of a group that responded in writing.  The date for this hearing has not yet been set, but is likely to be in the next few weeks. I obviously welcome this decision, since this will allow all sides to put their case, and I hope will move us closer to a consensus on the issue. I acknowledge concerns from musicians and music venues that this is just another delay, but I would urge all sides to be patient: although a delay is frustrating, I hope the end result will be better for the improved dialogue.

In the mean time, I will of course continue dialogue with both community council members and members of the music community to see whether my draft amendment can be further improved.

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Edinburgh Licensing board on 29 August 2016 will consider a report on “Consultation on Policy on Amplified Music in Licensed Premises“.

I have tabled a motion which seeks to amend our statement of policy. The text of my motion is at the bottom of this post. First of all, here is an explanation of what my motion seeks to do:

1) to replace the current wording of the inaudibility clause in our statement of policy with ‘shall not be an audible nuisance’, as proposed in the board’s consultation on this matter. However, any licensed premises that wished to use the new wording would still be required to make a major variation request, which would come to the board for decision. Neighbours and other interested parties may raise objections to these requests should they so wish.
2) to note that, in defining ‘nuisance’, LSOs will have regard to the definition of nuisance as set out in Scottish Government guidance to accompany the Public Health etc (Scotland) Act 2008. In other words, the following factors will be taken into account: impact; locality; time; frequency; duration; convention; importance and avoidability. The guidance can be downloaded from the Scottish Government website here:
http://goo.gl/5Z8luj
3) to note that, if the board receives a complaint about noise nuisance from a licensed premises, we may consider replacing the new inaudibility clause with the old clause or some other more onerous clause for the licensed premises concerned, or we may also consider removing the ability to play amplified music and vocals for the licensed premises concerned;
4) to call for a review of the new clause after 18 months of operation, comparing the number of noise complaints before and after its introduction, and also the impact on the music industry;
5) to call for an additional report examining how the ‘agent of change’ principle could be applied to alcohol licensing in Edinburgh;
6) to prepare a ‘best practice guide’ for licensed premises that put on live music, to give advice on how premises can be both thriving cultural hubs and good neighbours, as called for by the Scottish Licensed Trade Association and others;
7) to ask the Licensing Forum to consider how the views of Edinburgh’s music industry could be taken into account in their work in future, for example by considering whether one of the places on the forum for members of the licensed trade could be given to a licensee which is also a live music venue.
In drawing up my amendment I have sought to take the views of all sides into account, and have discussed the content with community councillors and music venue representatives, as well as council officers. Crucially my amendment seeks to ensure that Edinburgh’s live music venues can thrive while not negatively impacting on the quality of life of those living close to them. I am aware that my proposal will not please everyone, but I hope it represents a reasonable compromise nonetheless.
I am of course happy to receive feedback on my proposed amendment up until the time it is discussed at licensing board.

And here is the text of my amendment:

Edinburgh Licensing Board
Meeting of 29 August 2016
Agenda item 6 – Consultation on Policy on Amplified Music in Licensed Premises
Motion from Cllr Chas Booth
Board agrees:
1) to delete the existing paragraph 6.2 in our statement of policy and replace it with the following:
6.2 Where relevant representations are made, the Board will make an objective judgement as to whether other conditions may need to be attached to a licence to secure achievement of the licensing objectives. Any such conditions will be consistent with section 27 of the Act. Any conditions arising as a result of representations will primarily focus on the impact of the activities taking place at the licensed premises, on those attending the premises and members of the public living, working or engaged in normal activity in the vicinity of the premises, and will cover matters that are within the control of the licenceholder. In particular where the operating plan indicates that music is to be played in premises, the Board will always consider the imposition of a condition requiring that amplified music from those premises shall not be an audible nuisance in neighbouring residential property. For the purposes of this clause, Licensing Standards Officers will have regard to the definition of ‘nuisance’ as set out in the guidance to accompany the Statutory Nuisance Provisions of the Public Health etc (Scotland) Act 2008. Where the board receive a premises licence review application in connection with a noise complaint, the board may consider imposing a more onerous noise condition on the license, and may also consider a variation of the licence to suspend the playing of amplified music within the premises.
2) to carry out a review of the implementation of the new noise condition once it has been in place for 18 months and to receive a report setting out the findings and any recommendations from the review. That review should include statistics from musicians and the music industry in Edinburgh on the impact of the change in noise condition on their business; the review should in particular examine the number of noise complaints received by LSOs, comparing the 18 months since the clause was introduced with the 18 months prior to introduction, and in each case examining what the outcome of the complaint was, whether the complainer(s) was satisfied with the outcome, and whether the licensee was satisfied with the outcome;
3) to receive a report within 12 months examining how the ‘Agent of Change Principle’ could be applied to consideration of alcohol licensing;
4) to prepare within 3 months, and in consultation with members of the Licensing Forum, a ‘best practice guide’ for licensed premises who put on live music, to ensure they remain both thriving cultural hubs and good neighbours at the same time;
5) that the Convener will write to the convener of the Licensing Forum, asking the Forum to consider what action they might take to ensure the views of Edinburgh’s music industry are taken into account in their business in future.

Further reading:

Encouraging live music in Edinburgh has been discussed at a number of meetings of the council’s culture and sport committee:

17 December 2013

16 December 2014

20 October 2015

31 May 2016