Labour fall foul, then bend, their own (much opposed) live music licensing laws

April 28th, 2010 - 
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Thanks to John King, Charlotte Collingwood and  Hamish Birchall of the Live Music forum for drawing our attention to this story:

Alastair Campbell prosecuted for organising an unlicensed gig?

The prospect is no doubt enticing to many, but it has receded now that

Corby Borough Council (CBC) has bent licensing rules for Labour’s Elvis stunt last Saturday, 24 April.

The lunchtime performance by Brighton-based Elvis impersonator Mark Wright took place at Lodge Park Technology College, Corby. It came as a show-biz style finale to Gordon Brown’s big NHS speech and was widely reported in the national media. More on BBC news HERE.

But according to the council, the venue’s premises licence only allowed entertainment between 6pm and midnight.  It seems no-one had checked with the council beforehand about the intended lunch-time gig.

Campbell trailed Mr Wright’s appearance on Twitter.  At the event, former culture secretary Andy Burnham told the assembled Labour faithful that a tweet by Campbell was broadcast on Radio 5 live saying that

‘somebody bigger than Gary Barlow would be here today.’

TV coverage shows ‘Elvis’ taking centre stage, singing initially to a seated audience. He is well amplified.

Campbell wrote on his blog the following day: “… many thanks to Mark Wright AKA Elvis for putting a bit of life into the campaign coverage yesterday. ‘Best pictures of the campaign so far,’ said ITV’s reporter, so we’ll live with that especially as they got GB [Gordon Brown] to the top of the news talking about the future of the NHS.”HERE [use the search facility on the page for 'elvis']

Questioned yesterday about licensing arrangements CBC officers asked local Labour MP Phil Hope for more information.  The initial defence was that this was a private, not-for-profit event, and therefore exempt.  However, that was quickly dropped – possibly because of Campbell’s Tweets, and because the event was open to the press.  Under the Act, entertainment may be licensable if it is ‘to any extent for members of the public or for a section of the public’ (LA2003, Sch. 1 para 1(2)(a)).

Today CBC decided that Elvis was not licensable because he was exempt as ‘incidental music’.

This may be a common sense position but in adopting it CBC has bent, if not broken the law.  Under the Act, the exemption is dis-applied if facilities are provided to enable people to be entertained by music-making, including amplification and a stage (see Licensing Act 2003, Sch. 1 para 3, and para 7(b)).

The government is aware of this problem. Only a couple of months ago DCMS ran a public consultation conceding this was an ‘unintended’ effect of the Act, and proposing to amend the Act accordingly: HERE [see para 1.6]

It was this consultation which prompted Local Authority Co-ordinators of Regulatory Services (LACORS) to call for instruments to be illegal unless licensed, including brass, drums and bagpipes.

Hamish Birchall, Live Music Forum.

The Telegraph and Music Week have picked up on this story, more HERE and HERE.

Making Music Matter: Boris Johnson’s Music Education Strategy for London 2010-2012

March 2nd, 2010 - 
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Munira Mirza, Boris Johnson’s Mayoral Advisor on Arts and Culture, writes for us about the Mayor’s Music Education Strategy, which has been launched today.

The music scene in London is unparalleled. We have more live music performances than New York, Paris, Tokyo or Shanghai and some of the world’s greatest musicians, bands and orchestras.

But whilst the number of opportunities for young people to get involved and engage with music has increased dramatically over the last few years, access to affordable and ongoing tuition is much more patchy. If parents cannot afford to pay, their children often cannot develop their talent.

The Mayor passionately believes that playing a musical instrument is something every young person should have the opportunity to experience. It can have a transformative impact; enriching the mind, giving knowledge and teaching valuable skills and discipline. It’s not just about diverting them from youth crime or boosting the creative economy.

But in order to create the next generation of Lilly Allen’s and Julian Lloyd Webber’s we have to make sure that the quarter of London’s population who are under-19 have the right opportunities.

Today, the Mayor has published ‘Making Music Matter: Music Education Strategy for London 2010-2012′ (HERE) and unveiled plans for a new fund aimed at increasing music education across the capital.

More than £250,000 will be put into a range of projects to improve musical opportunities for young Londoners, both as players and as audiences, including a Music Education Fund, worth £100,000.

This fund will offer seed money for partnerships between local authority music services and orchestras in the capital, so that more young Londoners, irrespective of background, can learn to play orchestral instruments and experience working with professional musicians.

The strategy also includes initiatives to celebrate and promote music in London. ‘Rhythm of London’, which saw over 100 participatory musical events throughout the city in 2009 is happening again this April.  As is the Rhythm of London busking scheme, which gave young musicians playing at Tube stations the chance to win musical instruments and a year’s licence for a TfL busking slot.

We know there are hundreds of arts organisations, orchestras and local music services already doing fantastic work. Our aim is to build on this by championing what exists and encouraging partnerships so that all young people in London have the opportunity to reach their full musical potential.

If you want to find out more about the Strategy or register an interest in the Fund please email: rhythmoflondon@london.gov.uk

Digital Economy Bill – Lord Puttnam’s view

December 7th, 2009 - 

Lord Puttnam has kindly agreed to allow us to post his excellent but not delivered speech on the Digital Economy Bill:

My Lords,  as I did last week, I should declare an interest as Deputy Chairman of Channel 4, and also as President of the Film Distributors Association.

I warmly welcome the proposals in the Bill to update Channel 4’s remit.

As the Secretary of State has just made clear, the revised remit not only provides a clear direction of travel for the Channel itself, but also underlines the Government’s belief that the provision of public service content remains essential to the development of civil society – arguably, even more so in a digital world, where misinformed ‘chatter’ sometimes threatens to drown out informed debate.

By way of a current example, around the greatest challenge that we individually and collectively face – that of climate change.

Irrespective of the positions we might take, is there anyone here today who would seriously challenge the thought that our ability enjoy an accessible and informed space for debate on this, or anything else of importance, is a bad idea?

Would even those, on the outer fringes, who cling to the notion that humanity is not at least partially responsible for adverse changes to the climate – or even deny that it’s happening at all – wish to see the space for balanced debate eviscerated?

Try explaining that to your children, or in my case my, grandchildren.

It is, after all, they who will be settling the bill long after the rest of us have left the restaurant!

For these reasons, my Lords, I particularly welcome the proposals that Channel 4, as a public service broadcaster, has clear and unambiguous duties around the provision of news and current affairs; and indeed content for older children and young adults.

In the debate  last week, I stressed the continuing, and arguably growing importance of mass access to properly resourced, impartial news.

Most particularly to the television and broadcast media.

This is an argument that’s been wonderfully well advanced by the Secretary of State this afternoon.

Again, as I said last week, I regard the BBC as providing the ‘gold standard’ for the provision of accurate and impartial information.

But if such provision is left solely to the BBC, or indeed to what we rather loosely refer to as our ‘public service broadcasters’, then there is clearly a danger that, as citizens, we become ever more dependent on a particular set of filters which, notwithstanding the very best of intentions, cannot be healthy for informed debate in a vigorous plural democracy.

There are some on the opposite benches, more particularly in Another Place who, along with the their new found friends in the communication business, have recently been warning anyone who cares to listen  that ‘overweening’ public service broadcasters, and the BBC in particular, represent some form of palpable ‘threat to our democracy’!

In one respect, and one respect only, I agree.

The provision of accurate and verifiably impartial news cannot and should not be left to one or even two public service broadcasters alone.

Most especially at a regional and local level.

For this reason I also welcome the proposals in the Bill to find new ways to support the provision of regional and local news.

With local newspapers closing almost at the speed of a printing press, and some, quite understandably, exploring the viability of new, digital, paid-for business models, there’s a need to ensure that widespread access to the best possible news service also remains viable at a regional level.

Lest anyone be tempted to say that the Internet offers the complete answer, it’s important to remember that a recent Ofcom survey showed that 27% of households in this country are not yet online – and that figure is much higher among those over 65, and most particularly among those in low income households.

In respect of stimulating informed debate, I also welcome the proposals to open up access to all forms of intellectual property, not least orphan works. I understand from the British Library that at least 40% of that Library’s collections are potentially orphan works.

At present, the Library, like other archives of every kind, public and private, cannot make those works legally available,  not least because they may be subject to criminal liability if they knowingly deal in work that is in copyright.

This is patently absurd – potentially, at least, those running publicly financed archives such as the BL, the BFI National Archive and others, are subject to criminal sanction, whereas those who persistently and illegally share online files of books, music and films are not!

I’ve no wish to see our already over-crowded prisons topped-up with ‘digital offenders’ of either kind!

So for this among other reasons I broadly welcome both the proposals on freeing up access to intellectual property and for stemming online infringement of copyright. Subjects to which this House will doubtless return.

In conclusion I’ll return to what is, for me, the single most important opportunity offered by this Bill.

The opportunity to re-affirm our commitment to a well informed 21st century democracy.

As a nation we have been significantly impoverished by the decision by our national newspaper groups (the Financial Times being an honourable exception) to conflate news and opinion in such a way as to make it all but impossible for the reader to clearly distinguish the one from the other.

The Daily Telegraph was the last to succumb to what I can only assume they regarded as a commercial imperative.

This results in ‘news pages’ adopting a form of ‘megaphone’ communication in which the recipient is restricted to a barrage of pre-digested views without the ability to interrogate or question their source.

It’s important to remember in considering this Bill that our debate in respect of the future of digital news is being held against the background of a newspaper industry that’s become increasingly complacent in regard to their traditional function – that of enabling an informed democracy to flourish as a result of the quality, depth and accuracy of the information available to it.

The very notion that we should allow, let alone encourage our broadcast media to go down the same road fills me with horror.

I look forward to testing the views of all sides of the House on this issue, in the hope of reaffirming the commitment of this House to non-prejudicial and impartial broadcast news.

In Harmony

December 2nd, 2009 - 
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Cellist and In Harmony champion Julian Lloyd Webber on what lessons can be learned from the impact of Venezuela’s El Sistema:

Perhaps it has something to do with its name – after all ‘El Sistema’ does sound a bit like some extremist political movement from the 1930’s. Or maybe it’s because El Sistema was born in Venezuela – a country with precious little political clout. Whatever the reason, the impact of the most extraordinary social phenomenon of our times should, after 35 years, have reached far beyond the rarefied realms of the arts pages.

El Sistema is the brainchild of Jose Antonio Abreu, a former economist and classical music enthusiast who believed that every poverty-stricken child should have free access to music and that their lives would be transformed as a result. Founded in 1975, it has been a spectacular success. Using the ‘safe haven’ of the symphony orchestra approximately 300,000 Venezuelan children participate in the scheme at any one time and many claim it has saved them from a life of delinquency and crime.

Given recent statistics produced by the Conservative Party that the yearly cost of violent crime in England and Wales – taking into account everything from insurance, loss of earnings, policing and court cases – has reached £25.6 billion (or more than £1000 for every household) you can see why the English In Harmony project, which is based on El Sistema, is so desperately needed here.

In Harmony began with little fanfare in three of the poorest areas of England earlier this year and it is already producing dramatic results. Teachers are reporting hugely increased levels of concentration, discipline, motivation and attendance. “It’s been a miracle” said the headteacher of Faith Primary School in West Everton.

The key to In Harmony’s success – and to El Sistema’s before it – is that it is not just another music project: it is a social project with music at its heart. In Harmony doesn’t set out to produce great musicians – although, having heard the results after only a few months, it almost certainly will. In Harmony aims to create community spirit by giving children the opportunity of developing skills, teamwork and interpersonal relationships within the context of something (in this case an orchestra) that can only become great when they work at it together.

But can music really play a part in reducing knife crime, drug addiction and all the rest of society’s ills? Yes it can – it already has in Venezuela and after less then a year it is already producing extraordinary changes in three of England’s most troubled communities.

Music can be the inspiration which binds society together because – even more than sport – it requires equality. Music knows no boundaries of language, race or background. All the players are equal.

Because of its huge potential for social regeneration I have become convinced that In Harmony is the future for music education in this country. At present it receives only a tiny proportion of the music education budget. In order to truly succeed, In Harmony will need to be a nationwide programme, not just three ‘toe in the water’ pilot projects. It remains to be seen whether we have the common sense to grasp the nettle.

A risky future

December 1st, 2009 - 

Paul Hartigan, chief executive  PharmiWeb Solutions gives us his experience of looking for investment capital for his successful tech start up, and the difference in attitude and atmosphere between here and America:

As CEO of a young, online publishing business, looking at our next phase of expansion, over the past couple of years I have been exposed to a cross-section of potential investors and partners in the UK, Europe and the USA. And I’ve seen real differences in the way start-up or early stage ‘tech’ businesses are regarded in the US, compared to the UK.

And my conclusion is that we desperately need to build and support – with investment – a much more risk-orientated, entrepreneurial culture for technology and creative services start-ups and early stage businesses in this country.

There is truly amazing intellectual capital available in the UK, but whereas the US has seen massive investment and growth for companies like Google, Twitter, Salesforce.com, Facebook, Skype, etc., we have very little to match this success in the UK – I believe not due to lack of ideas, but poor access to financial capital.

With my own business, we started six years ago with a £200k loan under the DTI Small Firm Loan Guarantee Scheme (which was actually an excellent scheme, unlike its recent replacement). We are now debt free, profitable, and starting to build out internationally, with recent sales in France, Switzerland and Australia. Our limiting factor is access to expansion capital – there’s no real replacement for the DTI SFLG Scheme, VCs (with the exception of  few recent entrepreneur-backed newcomers) are nervous, reluctant, risk averse and expensive, and banks – well, enough said. This is slowing our growth, and the concomitant contribution we could be making to the UK economy.

I think a change of government creates the opportunity to bring around a sea-change in this field, not necessarily through the appointment of ‘Tsars’ – although the recent announcement about James Dyson is encouraging, but also be putting some pressure on the VC and PE community to actively engage in this space. It would be amazing to see London, or a City in the regions, develop a ‘Silicon Valley’ type sub-culture.  I understand that in the US, 39% of VC investments go to start-ups, whereas the figure in the UK is depressingly more like 4%.

Unless we address this now, we must surely limit the international competitiveness of the UK in the future?