The following Local Government guidance note Produced in partnership with Nicola Smith of Squire Patton Boggs provides comprehensive and up to date legal information covering:
If the performance of live music is regulated entertainment (considering all of the conditions and exemptions detailed in Practice Note: Assessing whether a licence is required for licensing for live music events) it is a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003).
A licensable activity, including any performance of live music, may only be carried on under and in accordance with a premises licence (see Practice Note: Licensing of alcohol and entertainment), or under a temporary event notice. See Practice Note: Temporary Event Notices (TENs). Similarly, a qualifying club activity may only be carried on under and in accordance with a club premises certificate.
Premises licences and club premises certificates are issued by the local authority for the area in which the premises where the licensable activity takes place is situated and cover the relevant building/place for the specified licensable activities.
A premises licence is held by the person (company or individual) who carries on, or proposes to carry on, a business which involves the use of the premises for the licensable activities (although only qualifying clubs may hold club premises certificates).
If the licence authorises the sale of alcohol then there must be an individual named on the premises licence as designated premises supervisor (DPS). However, if the licence
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