Live music “events” are not permitted until Step 3 of the Roadmap. This means that pubs and bars must not arrange specific outdoor live music events where this is the principle or major reason for customers to attend the premises.
Example: The premises manager wants to organise a day of live bands playing in the beer garden, promotes the event focussed upon the entertainment being provided and sells tickets to those who want to attend. Customers are present at the premises primarily because the music is being provided.
THIS TYPE OF EVENT IS NOT PERMITTED UNDER STEP 2 OF THE ROADMAP AND IS IN BREACH OF THE CURRENT RESTRICTIONS
However, if the music is incidental to the main purpose of persons attending the premises then live or recorded music may be permitted.
Example: The premises manager wishes to provide either background music or live music for the benefit of customers attending the premises for drink and/or food sitting at tables in the beer garden. Customers haven’t been charged for entrance to the premises and the entertainment is NOT the principal reason for people coming to the pub, it is merely incidental to the main activity of dining and drinking.
INCIDENTAL MUSIC IS NOT CONSIDERED A LIVE MUSIC EVENT AND IS PERMITTED UNDER STEP 2 OF THE ROADMAP.
However, it is important for licence holders to understand that the above scenarios are merely general examples and any decisions regarding compliance with the Roadmap requirements will be undertaken on a case by case basis. It is the responsibility of the premises to ensure that they comply with the current restrictions.
Due consideration must also be given to the potential for noise nuisance to be caused to local residents/businesses by way of the provision of music and licence holders must take appropriate steps to prevent nuisance being caused. Failure to do so could result in formal action being taken under the Environmental Protection Act 1990.