Small pubs will face conditions over public safety issues

Live, unamplified music in pubs - such as traditional folk music - will not be subject to licences with conditions, according to the new bill.

Amendments to the Licensing Bill mean a pub holding less than 200 people will not face any conditions over its licence, as long as the music was unamplified and performed between 8am and midnight.

Conditions for licences for amplified music could only be upheld over public safety issues, such as fire risks or public disorder, a Department for Culture, Media and Sport spokesman told BBC News Online.

"Where a pub with a capacity of up to 200 wanted to put on live music of any kind, any conditions imposed on the licence by the licensing authority would be suspended, except where they relate to public safety or crime and disorder in a pub," he said.

"We don't want to do anything that prevents music being put on in venues, but we have to make sure that we protect public safety," he said.

Venues still have to apply for entertainment licences, regardless of whether their music is amplified or unamplified.

Union criticism

If public order offences are reported with regards to pubs with unamplified music, then local authorities could then subsequently enact conditions on their licence.

The Musicians' Union had earlier criticised moves which would force pubs, clubs and cafes to apply for entertainment licences for any form of amplified live music.

The union was unavailable for comment on Wednesday afternoon.

The ruling was pushed through the House of Lords last week after peers failed to defeat the government on the bill.

The government has said public safety is at risk from unlicensed events, citing more than 1,500 fires in pubs and clubs in England and Wales in 2001.

The bill, which has now been passed by both houses, will now go forward for Royal Assent. It will then be made law in early 2005.