Pubs fight archaic live music ban

Musicians and performers are campaigning for a change in archaic legislation dating from the 18th century which prohibits live music being performed in pubs, bars and restaurants.

The lobby group Campaign for Live Music (Calm) says the law prohibiting more than two performers appearing in licensed premises at the same time without a permit - is an anachronism.

In order for a pub to have live music with more than two performers playing, publicans must pay a fee for a Public Entertainment Licence (Pel) to their local authority.

The cost is usually related to the size of the venue. In Southwark, for example, licences start at £740 per year for a venue with a capacity of less than 100.

Most venues decide that obtaining a Pel is too difficult and expensive, with the result that just five per cent of licensed premises now hold one and live music in the capital is becoming increasingly rare.

The Pel system originated in the Disorderly Houses Act of 1753, which aimed to control rowdy ale houses in Westminster. It stated that, "the multitude of places of entertainment for the lower sort of people is another great cause of thefts and robberies as they are tempted to spend their small substance in riotous pleasures".

The campaign for change has been endorsed by figures such as broadcasters John Peel and Andy Kershaw. Calm claims the Pel system may be illegal as it restricts the right to freedom of expression, as defined in the Human Rights Act. Furthermore, it claims councils are overcharging for Pels and attaching "excessive" safety conditions.

In the Sixties, Pels were usually issued for a nominal charge, but legislation passed in the Seventies allowed local authorities to charge "cost recovery fees".

Calm says the cost of Pels has risen steeply ever since. There is also a wide degree of variation in their enforcement.

Musicians also believe it is unfair that a licence is needed to stage an event such as a jazz concert, but there is no such requirement for the broadcast of televised football matches.