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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Hi, i run a music event and want to put on a free small beach

Customer Question

Hi, i run a music event and want to put on a free small beach party, i was wondering about what the laws are about playing music on the beach are? I have music lenience to play music in public and at public events, and as far as i can tell the public don't need a license to go to the beach, So the only problem i can see us having is playing the music but the license i have does cover me to do this. As long as we keep the music volume at a releasable level i don't see what the police can do to stop us. If you have any information that would help us do this correctly I'd be very grateful. thanks Paul
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

could you kindly clarify the precise terms of your licence you refer to please, in particular who has issued the licence and under what section of the licensing act or other legislation has the licence been issued?

JACUSTOMER-53wippk1- :

its a PPL licence:


For the public use of sound recordings solely as background music at Exhibitions - both throughout the
Exhibitions and at individual stands as specified below.
Fashion shows, DJ presentations, aerobic/keep fit, dance displays etc held at exhibitions or on individual stands, to be charged
separately using the appropriate tariffs.
Additional use of background music in other areas (bars, restaurants etc) to be charged separately using the
appropriate tariffs.
Rates for the whole Exhibition will exclude individual stands.
Where the Area of the Exhibition as a whole is greater than 1000 sq metres the rate per day is double.
It is important that you provide the names of each exhibition in your application.
There are two important and distinct parts to this tariff. One part of the tariff concerns the use of sound recordings throughout the
exhibition venue, the other deals with the playing of sound recordings on individual stands.
You need to specify the dates of each exhibition as the tariff is calculated on the number of days you intend to play sound
recordings as background music.

Joshua :

Thanks. Which beach do you have in mind for the performance please?

JACUSTOMER-53wippk1- :

Cooden Beach / Bexhill. there is a big debate over this beach, its meant to be privately owned but open for a public due some some lord who used to own it and made it part of the contract when he sold it off, there is always arguments about people launching there boats and jet ski's there as the cancel keep trying to stop it but cant because its not owned by them or something, it would be interesting to see what you can find out about it

Joshua :

Thanks. If you could kindly bear with me for a few moments while I briefly research the beach in question

JACUSTOMER-53wippk1- :

yes thats fine

Joshua :

thank you to your patience. Could you advise whether you intend to sell tickets to the event and whether you intend to serve alcohol? Do you have permission from the landowner?

JACUSTOMER-53wippk1- :

i don't think anyone knows who owns the land, no were not selling tickets for the event, its free, and were not going to be selling alcohol but am sure people will bring there own.

Joshua :

thank you. My brief research indicates that the beach is privately owned though I have not gone further to establish legal ownership of the beach which could be ascertained by a quick search at the land Registry using form SIM. if the beach is privately owned, apart from anything else, you will require the permission of the landowner in order to use the beach for the purpose you wish.

Joshua :

if you cannot find out who the owners by asking around, you can complete the following form and attach a plan of the beach to ascertain who owns it:

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf

Joshua :

if you do not obtain permission from any landowner that does own the beach, your occupation of the beach can amount to a trespass which can make you liable for any damage you cause

JACUSTOMER-53wippk1- :

yes but what power do the police have to come along and say we cant do it if we have the owners permission? the owner of the beach is not my concsern. its the police and the cancel im worried about. i know who ever owns the beach has said he wants the public to use it, that's why he put a slip road in for the public to use and to launch there boats from

Joshua :

leaving aside permission from any landowner that may be necessary, in order to play recorded music other than as background music to members of the public, you are required to apply for a licence from the local authority under the licensing act 2003. some premises and land have a performance licence - such as hotels and clubs - under which you can hold such events without applying for your own licence and it may be that the beach holds such a licence through its owner however if it does not, you would need to consider applying to the local authority for a performance licence. it is worth noting that the live music act 2012 has relaxed licensing requirements for performance of live music for 200 people or less where the music is amplified or any number of people for an amplified music have it has not relax the position in relation to recorded music and a licence is required for such performance from the local authority

JACUSTOMER-53wippk1- :

well isn't that what i already have? its a d.j that will be playing, not live music and it says here:
For the public use of sound recordings solely as background music at Exhibitions - both throughout the
Exhibitions and at individual stands as specified below.
Fashion shows, DJ presentations, aerobic/keep fit, dance displays etc held at exhibitions or on individual stands, to be charged

Joshua :

if you proceed with the event without obtaining a licence, this amounts to a summary offence under the licensing act for which you can be prosecuted and fined up to £5000 and accordingly, the police could be involved.

Joshua :

what you have from what you say is a PPL licence which is very different form of licence which is a licence you obtain from PPL which represent groups of artists and the licence fee you pay goes towards paying royalties to those artists which it represents

Joshua :

A PPL licence has nothing to do with the requirements of the Licensing Act, the former simply dealing with payment of royalties to artists as above was the latter deals with regulating public performances in terms of location, noise levels, times and so on.

Joshua :

a licence under the licensing act must be obtained from the local authority responsible for the location in which you wish to hold a licensable event

Joshua :

Is there anything above I can clarify for you?

JACUSTOMER-53wippk1- :

would i have to do the same to go down the beach to just play music through a stereo?

Joshua :

the licensing act requires you to obtain a licence to hold a public performance of music. It does not require you to obtain a licence for listening to music personally in public nor does it require a licence for the provision of background music incidental to something else - for example, if you owned a shop, you would not need to obtain a licence to play music in the background. so taking a stereo to the beach to listen to music yourself would not require a licence however, if you took a stereo with speakers with sufficient power so as to broadcast music to a wide area this would be inferred to be a public performance. in otherwise, what is and is not a public performance is inferred by the facts - e.g. a pair of headphones would quite quite clearly not be a public performance whereas the stereo hooked up to a public address system would almost certainly be considered to be so

Joshua :

Is there anything above I can clarify or assist you with any further?

JACUSTOMER-53wippk1- :

ok thank mate, no thats fine

Joshua :

No problem. I hope you are successful in holding some form of event as you hope.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua :

I am very sorry that you have had cause to rate my service to you as poor. Did you intend to do so? It is very important to me that you are satisfied with my service to you and I would welcome the opportunity to both change your mind if you did and to assist you further and fully in this matter. Your last post indicated you were satisfied with my assistance. I look forward to hearing from you. Kind regards

Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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