Permanent and temporary approvals when a licence for live music is needed

Produced in partnership with Nicola Smith of Squire Patton Boggs
Practice notes

Permanent and temporary approvals when a licence for live music is needed

Produced in partnership with Nicola Smith of Squire Patton Boggs

Practice notes
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Which Licence is required?

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.

Permanent approvals

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

Nicola Smith
Nicola Smith chambers

Nicola Smith specialises in hospitality and leisure. Her expertise covers both licensing and food law. Nicola acts for a wide range of clients from listed companies to entrepreneurs. She prides herself on providing commercially-minded advice as part of a one-stop shop for clients dealing with the management of all of their licensing and food law issues.

In addition to direct advice on licensing and food issues, Nicola provides support on corporate, property and insolvency transactions and advises on the licences required for the playing of copyright music by PRS or PPL. Nicola is experienced in reviewing and advising upon due diligence systems and has drafted operations manuals and compliance documents for numerous clients following such reviews. She has also provided training at both a legal and operational level including general updates and training on specific changes in law.

Nicola has successfully represented clients at numerous contested hearings across the country, including for the grant of licences and licence reviews. Nicola writes client updates on topical legal issues for the licensed trade in England and Wales and is a member of the Institute of Licensing.

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Jurisdiction(s):
United Kingdom
Key definition:
Licence definition
What does Licence mean?

A Licence is required by an alternative business structure to provide one or more reserved activities (such as probate services or litigation and advocacy).

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