Live Music Bill [HL]
Debate between Lord Wallace of Saltaire and Lord Redesdale
Lord Redesdale
My Lords, it is my duty and privilege to congratulate my noble friend on her wonderful maiden speech. People coming into this House are often overawed by being in this situation, although the atmosphere is not always as exciting as it has been in the past month or so. However, my noble friend Lady Randerson has been in politics for quite some time. She became a councillor for Cardiff in 1983, and her career in local politics culminated in her becoming the first Liberal Democrat Minister for any national body. That is a position that, I am happy to say, is now commonplace. We have many Ministers among our colleagues in another place. If the Bill for five-year terms is passed, probably almost all our female colleagues in the Commons will emulate my noble friend Lady Randerson in the coming years.
My noble friend’s expertise will be extremely helpful, especially as her career in teaching and lecturing will bring such knowledge to debates on education. Particularly pertinent to this debate was her introduction of Creative Future, a cultural strategy for Wales, and Iaith Pawb—I knew that that would be embarrassing, and I will get letters about my pronunciation being wrong—which means “a language for everyone”. This is particularly pertinent because, just as the Welsh language is a cultural indicator, I would argue that music is of incredible importance and has been terribly undervalued.
In their maiden speeches, the noble Lord, Lord Grade, and my noble friend Lady Randerson talked about the difficulty of finding out about this place. As they have many years yet to come in this place, I suggest that they spend a couple of days wandering around. You find many new Peers in strange Corridors, saying, “I just thought I’d take a day to wander around”. I suggest the cellars. Most people have not been to the cellars; I spent a week there and was thrown out many years ago. What makes up this Building is incredible. I just leave noble Lords with that.
This is a Private Member’s Bill. The noble Lord, Lord Clement-Jones, is to be congratulated on bringing it back. I say that because he gave me the same accolade. Private Members’ Bills in this place over the past few years have tended to be about either live music or dogs. I hope one of us will break the deadlock.
I am speaking in this debate because I was heavily involved in the 2003 Act. What I find depressing is that most of the complaints that we get about the Bill were expressed at the time. We worked out that there would be a major effect on the provision of live music. One of the problems is that, at the time, we were running a campaign to get rid of the “two in a bar” rule for being too repressive. The noble Lord, Lord Colwyn, as a publicity stunt, was in the Red Lion across the way. We had two people playing and, when he tried to blow his trumpet, he was immediately thrown out of the pub because he was breaking the laws, which were extremely strictly enforced by Westminster Council. There were occasions when, if members of the audience took part in a sing-along, it was seen as having more than two in the bar. Cases were brought against organisations. We thought this was terribly restrictive but, looking back, we should have been campaigning for the retention of the “two in a bar” rule. Many places that used to keep to it now simply do not bother because of the paperwork. The situation now is far worse than it was then.
I declare an interest. I am chairman of the national committee of Best Bar None—an organisation for pubs and clubs that tries to improve the situation for the night-time economy by raising standards. I have been all around the country to award ceremonies and have seen best practice in many pubs and clubs. I have often asked those running them about the provision of music and they have replied that their business is dying because of the amount of bureaucracy instituted by the 2003 Act. There are 36 pubs closing a week.
I declare an interest as the owner of a pub, the Redesdale Arms on the A68. It is a very fine pub if you happen to be going between Newcastle and Jedburgh or are on your way to Edinburgh. It has sleeping accommodation and very fine food, although I am obviously not advertising here. I understand that at the moment publicans have a real issue in trying to keep their pubs going. My own pub was particularly hit by the fact that announcements kept being made on the radio that the A68 was closed, even though it was not. That has an effect on your trade when you have a pub on that route. Publicans are having a real difficulty in keeping going at the moment. Of course, live music is helpful but not if you have to fill in an enormous amount of paperwork, and that leads me to the second point to be emphasised, which is that you do not go down that route if you think that, by instituting live music, there will be a review of your premises licence. That is a real threat to an organisation and, unfortunately, due to the 2003 Act, it is one that licensees are not prepared to take.
I believe it is a human right to have unamplified music, and I moved an amendment during the passage of the 2003 Act to say that that type of music should not be included. The problem was that the Government were totally opposed to it. At the time, they said that there was a danger of outbreaks of violence because of live music. Lord McIntosh, who, sadly, is no longer with us, was very clear on that point. I took it to a Division four times and beat the Government, and this House threw it back at the Commons four times in ping-pong. I would have taken it further but no one has ever taken an issue to a fifth Division, so it would have been breaking new ground and I was told by my Whips that I had to give up at that point. The Government did not offer me anything, even though we tested opinion on the issue so many times. They were keen to get the legislation through, so on the fourth occasion, at 10 o’clock at night, Tessa Jowell offered me a concession. She offered me morris dancing, which was fantastic, as I am a great supporter of morris dancing. Noble Lords laugh.
Lord Redesdale
No, we do not have an entertainment licence, although morris dancing is exempt. There are 14,000 morris dancers in the country but the legislation could have destroyed that activity. Every time there was a morris dancing event, it would have needed a temporary event notice, which would have cost £15 a time, plus all the time needed to fill in the paperwork. That would have killed off a traditional dance in this country, which would have been devastating. I very much hope that when the Minister answers some of the questions today she will be up there at the front saying that morris dancing should be included in the opening ceremony of the Olympic Games as an indicator of how important it is to the culture of the nation. We foresaw the problem and it was extremely lucky that morris dancing was exempted. The amendment referred to morris dancers and their like, so I have never understood why jazz singers have not called themselves “morris jazz singers”. You could also have “pop morris”. It would fall under the Act and it would be up to the licensing authority to prove that they were not morris dancers. However, I should have thought that if they put a couple of bells around their ankles, they could get away with it.
What is so ridiculous is that large-screen TVs are exempt under the Act. You can watch football matches on large-screen TVs because that is not going to cause an uproar. You could even have three people performing next door to a pub, with their performance beamed on to the large-screen TV in the pub at exactly the same volume. That is legal, but it is not legal to have the people actually inside the pub.
This matter really needs to be addressed. It was often said that the legislation would be proportionate and would not be misused. The noble Baroness, Lady Bakewell, said that if you have a cheese and wine party and sell alcohol, you might soon need a licence. The noble Baroness should be aware that, if she has advertised, she already needs a licence to do that. It falls within the Bill. It is ridiculous but that is the case. The legislation has stopped the performance of music in hospitals, schools and village halls, and has been a massively destructive element in our society.
The Minister might say that this is a problem that we need to look at, but we have put off doing so again and again. It really needs to be dealt with, and I very much hope that the Bill of the noble Lord, Lord Clement-Jones, is taken up by the Government and that this problem in our society is dealt with.