Assessing whether a licence is required for licensing for live music events

Copyright © 2025 LexisNexis
Produced in partnership with Nicola Smith of Squire Patton Boggs
Practice notes

Assessing whether a licence is required for licensing for live music events

Copyright © 2025 LexisNexis

Produced in partnership with Nicola Smith of Squire Patton Boggs

Practice notes
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The Licensing Act 2003 (LA 2003) governs the sale of alcohol, provision of regulated entertainment and the provision of late night refreshment (hot food and/ or hot drink between the hours of 23.00 and 05.00 daily).

The playing of live music is, subject to conditions and exceptions below, regulated entertainment for the purposes of LA 2003. If live music is not regulated entertainment, or is exempt under the LA 2003, no Licence is normally required.

Exemptions for live music have been introduced and expanded in recent years. In October 2012, the Live Music Act 2012 (LMA 2012) removed the requirement between 08.00 and 23.00 for live unamplified music to be licensed in any location (with no restriction on audience numbers); and for live amplified music in on-licensed premises or workplaces for audiences of up to 200 persons. See further exemptions section below.

The Legislative Reform (Entertainment Licensing) Order 2014, SI 2014/3253 raised the audience threshold for permitted music Performance from 200 to 500 persons in on-licensed

Nicola Smith
Nicola Smith chambers

Squire Patton Boggs

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
Related legal acts:
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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