(1)Schedule 1 to the Licensing Act 2003 (c. 17) is amended as follows.
(2)In paragraph 11(a) for “a performance of unamplified, live music as” substitute “the playing of live or recorded music that forms”.
(3)After paragraph 12 insert—
12AThe provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act on premises authorised to be used for the supply of alcohol for consumption on the premises by a premises licence or club premises certificate, if—
(a)the requirements of section 177A(1)(a) to (c) are satisfied, and
(b)conditions have not been included in the licence or certificate by virtue of section 177A(3) or (4).”
(4)After paragraph 12A (as inserted by sub-paragraph (3)) insert—
12BThe provision of entertainment consisting of a performance of live music is not to be regarded as the provision of regulated entertainment for the purposes of this Act, provided that—
(a)the place where the performance is provided is not licensed under this Act (or is so licensed only for the provision of late night refreshment) but is a workplace as defined in regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992,
(b)the performance takes place in the presence of an audience of no more than 200 persons, and
(c)the performance takes place between 8am and 11pm on the same day.”
(5)After paragraph 12B (as inserted by sub-paragraph (4)) insert—
12CThe provision of entertainment consisting of a performance of live music is not (subject to section 177A(3) and (4)) to be regarded as the provision of regulated entertainment for the purposes of this Act provided that the music—
(a)is unamplified; and
(b)takes place between 8am and 11pm on the same day.”