Queen of the South (Formerly The White Hart...Letter of Support - David Chipperfield Architects 67 10. Letter of Support - Drop Out 68 11. Letter of Support - Helena Atkins 69 12

Queen of the South(Formerly The White Hart)

367 Norwood Road, West Norwood, SE27 9BQ FINAL SUPPORTING MATERIALS FROM APPLICANT

ITEM DESCRIPTION Pages 0. Queen of The South- White Hart - Applicant Submissions 1 1. Conditions Schedule (V.8.3.20) 11 2. Queen of The South Deck (V.8.3.20) 17 3. White Hart - Licensing Impact Assessment 23 4. 004. Annex F Existing Premises Licence 33

004a - Prince of Peckham Premises Licence 46 004b - Railway Tavern - Premises Licence Details 52

5. Representations in Support 55 6. Email of Support 64 7. Letter in Support Peckham Peculiar 65 8. Letter of Support - Columbo Group 66 9. Letter of Support - David Chipperfield Architects 67 10. Letter of Support - Drop Out 68 11. Letter of Support - Helena Atkins 69 12. Prince of Peckham - Reference From Cllr Situ 70 13. Queen of The South Reference Letter 71 14. Reference - Wesley Mcarthur - Southwark 73 15. Reference for Pofp - Mount View 74 16. Support Letter for Pop 6.3.20 - Pecan 76 17. Time Out Review 77 18. Eid Mubarak Tweet 78 19. Events 79 20. Liam Gallagher Tweet 83 21. List of Works Queen Of The South 84 22. Photographs 87 23. Master-Sunday-Specials-Updated-12.11.19 90 24. Master-Menu-Updated-10.01.20-7 91 25. DCMS Live Music Report & HMG Response (6 March 2019- Extract) 93

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BEFORE THE LONDON BOROUGH OF LAMBETH’S

LICENSING SUB-COMMITTEE

An application for a Premises Licence under Licensing Act 2003 for:

“QUEEN OF THE SOUTH”

G astropub & Live M usic Venue

(Previously “The White Hart”)

367 Norwood Road, Tulse Hill, SE27 9BQ

______________________________________________________________________

SUMMARY SUBMISSIONS ON BEHALF OF THE APPLICANT:

THE BRADING GROUP LTD

(v.9.3.20)

______________________________________________________________________

F or H earing: Thursday, 12 M arch 2020

INTRODUCTION & REASONS FOR THIS APPLICATION

1. This is an application for a new Premises Licence to enable the old, boarded-up and now

derelict White Hart pub to be brought back into life as “Queen of the South”, a gastro-pub,

live music venue and community premises that will ornament the locality and replace the

existing eye-sore.

2. If granted, this licence will replace an existing premises licence for the old pub which

currently permits licensable activities until midnight Sunday-Thursday and 01:00 on

Friday-Saturday. This new application therefore seeks no extension to existing licensable

hours midweek and just one extra hour at weekends (Friday-Saturday). There has been a

licensed premises at this location since at least 1881.

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3. A revised set of Proposed Hours and Conditions is in the Applicant’s Evidence

Bundle (“the Bundle”) which has been prepared in response to the publication of the

Agenda Papers. The vast majority of conditions proposed by the Licensing Authority have

been adopted (some with modifications as indicated).

4. In addition the Bundle contains a Presentation setting out, in more detail, the nature of

the proposed premises.

5. In response to residential concerns, Mr Ogbonnaya has now agreed to reduce the Thursday

hours to match the rest of the midweek hours. Although Thursdays are commercially

important in London’s night-time economy, Mr Ogbonnaya recognises, responsibly, that

this is still a “school-night” for many locals and he has responded to those concerns.

6. The Queen of the South will, if the sub-committee is minded to grant this premises licence,

be converted into a gastro-pub that also hosts live-music events for new and emerging talent

and serves as a community premises for local charitable and community purposes.

7. The operator is Mr Clement Ogbonnaya. He is a hard-working, driven and highly-

professional individual who was born in Nigeria but brought up and educated in South

London. Mr Ogbonnaya lived within a mile of the premises from 2006-2019 on Palace

Road. His young daughter attended the local Abacus Nursery. Therefore, he has close

community ties and knows the area, its challenges and sensitivities, extremely well.

THE SISTER VENUE: “PRINCE OF PECKHAM” & COMMUNITY INVOLVEMENT

8. Mr Ogbonnaya has a proven track-record of successfully converting a derelict pub into

something of value for the South London community.

9. In 2017 he did the same thing with the multi-award winning “Prince of Peckham”

(previously Clayton Arms) in the neighbouring London Borough of Southwark (“before

and after” photographs are within the Bundle). Despite extensive concerns expressed by

residents and responsible authorities during the licence application process in Southwark

(which were very similar to those in the current application), the Prince of Peckham has

operated with conspicuous success and acclaim ever since it opened as a gastro-pub, live

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music and community premises. The Queen of the South will, if permission is granted by

this sub-committee, be its sister venue and provide a similar offering.

10. The amended hours applied for are now the same as those on Prince of Peckham’s licence,

which is located in a similar area to the new venue with residents living close by in

adjoining streets. (The Premises Licence for the Prince of Peckham is within the Bundle).

11. Since opening, Prince of Peckham has been lauded by Time Out, among other

publications, as a vibrant pub premises hosting live events. It is praised for the quality of

its food, ambience and charm. The Time Out reviewer notes:

“Inside, things are more understated, a dim chandelier over the bar

and a couple of plump sofas just inside the door giving the place a

comfortable, lived-in feel that other boozers spend years trying to

create. On a quiet night midweek, it’s a great place to settle in with a

couple of pints and a board game. But don’t expect it to be that sleepy

all the time: a packed schedule of events including open mic nights,

dance classes and disco yoga (yes, really) mean the place gets plenty

more lively. It’s all part of the pub’s aim to provide a platform for local

creatives to do their thing.”

12. The Time Out article (which is included in the Bundle) concludes:

“The Prince of Peckham pulls off all this without looking like it’s trying too

hard, and that’s probably the most charming thing about it. While other new

joints in up-and coming neighbourhoods can feel a bit forced, this one manages

to avoid those pitfalls. If anything’s worth shouting about, it’s that.”

13. Sample food menus are included within the Bundle.

14. Just like the Prince of Peckham, the Queen of the South will host diverse and inclusive

communal and charitable events with discounts for local residents and businesses. These

include the provision of the venue for mental health charities, LGBTQ+ groups, local

schools, children’s birthday parties, fund-raising events and marriage receptions (the

Prince of Peckham was granted a wedding venue licence in 2018). It is intended that the

new premises will host a regular dedicated lesbian and bi-sexual ladies night (“Queens”)

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and be conspicuously female and disabled-friendly. A sample calendar of events for the

Prince of Peckham is within the Bundle.

15. Both the Prince of Peckham and the new venue reflect, as the support letters indicate, the

gloriously diverse nature of their local communities in terms of ages, ethnic and religious

groups, sexual orientation and cultural taste. Supporting letters indicate how the applicant

has “created a space that welcomes everyone, including those that may have felt

excluded or uncomfortable in more traditional establishments”, and “Clem has a

real passion for supporting the community wherever [his] business interests are

based. H e understands good synergy between business and community means

that everyone wins”, and “the pub itself is part of the fabric of the area and that

is due to its unique ability to appeal to the broadest range of people, a too rare

quality.”

16. Among well-known music figures the Prince of Peckham has hosted, as customers, are the

rapper and composer Tinie Tempah and Liam Gallagher of Oasis fame who, tellingly, came

with his wife and children and tweeted his thanks to the operator (tweet within Bundle).

17. Significantly, given the original concerns expressed during the licence application process

for the Prince of Peckham (particularly since the licence was granted as an exception to

Southwark’s cumulative impact policy), Southwark’s experienced licensing officer, Mr

Wesley McArthur, has very recently provided an email in support of Mr Ogbonnaya (within

the Bundle) that concludes:

“D uring the time that the premises have been in operation the premises

has been operated compliantly, has not given rise to any concerns to the

Licensing U nit and that you appear to be a highly responsible

operator.”

18. To similar effect (within the Bundle) is a helpful letter in support of this application from

the local Labour Councillor for Peckham Ward (where, of course, Prince of Peckham is

located). Cllr Johnson Situ is also Southwark’s Cabinet Member for Growth, Development

and Planning and states:

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I am writing in my capacity as a local councillor within Peckham and

commenting on management of the Prince of Peckham, a pub serving

the ward I represent. I have found the space to be managed well; I

have not had any issues reported to me on the operations of the pub.

In addition to being an effective operation, the pub has opened its

doors to the local community, hosting a number of community events

in its additional rooms. I know the pub has hired locally and worked

with neighbouring organisations to attract further improvements into

the area.

19. Mr Ogbonnaya believes that a licensed premises must serve its community, be at the heart

of it, and not simply be located within one. This, for him, makes both commercial and

moral sense. What is more, these are not hollow words, he has already put them into action

with the Prince of Peckham and, given the chance, would like to do the same with Queen

of the South.

FURTHER SUPPORT FOR THE APPLICATION

20. In addition to the 9 formal representations lodged in support of the application during the

consultation period, the Bundle includes a series of further impactful letters in support of

this application. Members are, respectfully, invited to consider them in full.

21. Representations in support of the application include those from the local interest group,

Norwood Forum and Norwood Action Group, as well as a number of individual residents,

some of whom live in the near vicinity of the premises (Agenda Papers, p.95-103).

22. Although the local ward councillors have expressed some concern about the later hours

applied for they do, helpfully, observe in their representation (Agenda Papers, p.92) that

“we welcome the proposal to reopen this important local building... and we would

support the current plans to make the enterprise viable by the provision of live

entertainment”.

23. Only a sole individual resident has made a representation objecting to this application

(Agenda Papers, p.90). She refers to any hours to be granted as being kept in line with other

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local pubs. In this regard, one local pub, The Railway Tavern, at 7 Station Rise, Norwood

(210ft away from Queen of the South) currently enjoys a premises licence permitting

licensable activities from 10:00- 02:30hrs, 7 days a week (the licence is within the Bundle).

LIVE MUSIC VENUE & SUSTAINABILITY OF PUBS

24. The sub-committee will be aware that the White Hart has gone the way of too many other

local London pubs in shutting its doors due to financial unviability. Market expectations

have changed and the old model of a traditional quiet “boozer” operating to old pub hours

and closing at 11pm can, generally, not succeed today. A better and more innovative

offering is required. The current proposals will (in addition to other advantages) bring back

a pub that locals actually wish to visit, socialise and enjoy themselves in, rather than be

demolished to make way for commercial office-block developers or similar.

25. The importance of pubs as a social and community hub will be well-known to all sub-

committee Members, and is referred to in a number of supporting representations and letters

in this case. It has also been recognised by central government. For example, in the

Government’s Alcohol Strategy (2012) it was expressed as follows:1

In moderation, alcohol consumption can have a positive impact on

adults’ wellbeing, especially where this encourages sociability. Well-

run community pubs and other businesses form a key part of the

fabric of neighbourhoods, providing employment and social venues

in our local communities.

26. This application, if granted, will also promote the Council’s desire to encourage a more

diverse and inclusive arts and cultural agenda in Lambeth. This is becoming increasingly

important in light of the parlous state of live music venues in London and the rest of the

UK.

1 Paragraph 1.2. Full Report: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/224075/alcohol-strategy.pdf

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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/224075/alcohol-strategy.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/224075/alcohol-strategy.pdf

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27. The House of Commons Digital, Culture, Media and Sport Committee (DCMS) published

its report on Live Music in March 2019. The relevant extracts from the Report are included

within the Bundle. The main points of that report (in so far as relevant to this application)

are as follows:

a. Live music makes a significant contribution to UK economy and cultural life;

b. Employs 28,000 people (musicians, engineers, touring crew and promoters) and

contributes over £1bn to the UK economy;

c. Live gigs provide 49% of the average musician’s income (just 3% comes from

recordings);

d. For every £10 spent on live music, £17 is spent elsewhere in the local night-time

economy;

e. The Mayor of London, Sadiq Khan, has observed that “live music has the power

to bring people closer together and transform communities”;

f. In the past decade the UK has seen nationwide closures of music venues. The sites

that remain face a struggle to stay open given rising costs and declining revenues;

g. London has 4.39m people per major dedicated live music venue – compared to

2.47m per venue in comparable cities;

h. The music element of venues often run at a loss. It enjoys no government subsidy,

unlike the more elitist opera and theatre venues. Out of the Arts Council annual

expenditure, grassroots live music venues receive just 0.06% (opera, in

comparison, receives 62%);

i. Brexit is likely to add further obstacles to British musicians making a living by

touring in Europe – particularly those from poorer socio-economic backgrounds;

j. The survival of British music industry depends on local and central Government

playing a greater role in supporting and incentivising the industry to support the

grassroots;

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k. Emerging musical talent, and their support network (engineers, promoters, etc),

learn their craft and hone their skills in small and mid-size venues. They do not

get their start in Wembley Stadium or the 02 Arena;

l. Between 2007-2016 London lost 35% of its grassroots music venues (leading to a

rescue plan published in December 2018 by the Mayor of London;

m. There is a financial imperative for diversified business models so that the live

music element is supplemented by other activities at the premises;

n. One significant barrier to live music venues is the approach of licensing

authorities refusing, or curtailing, premises licences so the premises

becomes unviable.

28. The Queen of the South’s current licence application is being closely observed and

supported by many in the live music industry, particularly those groups and individuals

looking to promote young emerging musical talent in London. The grant of this application

will be a welcome boost to their worthy objectives as well as benefit and serve Lambeth.

REGENERATION INVESTMENT, LATER HOURS & POLICY

29. It is envisaged that the most controversial point in this application will be the requirement

for licensable activities to extend to 02:00 on Friday and Saturday (with the usual 30 minute

winding-down period before closing).

30. Put starkly, but frankly, these later hours are necessary to permit this project to proceed.

Live music is a late-hours activity. Customers expect it and musicians will generally not

agree to perform at a venue with earlier hours, particularly on weekend nights. The hours

applied for, as indicated, mirror those on the Prince of Peckham licence. No more, no less.

31. In addition, the later weekend hours are required to justify the considerable investment

Mr Ogbonnaya intends to make into regenerating this old building into something worthy.

His investment will be no less than £459,000. A spreadsheet setting out the required

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expenditure is within the Bundle. This level of investment requires the opportunity to

recoup it in order to make the business plan financially viable.

32. Importantly, the applicant has offered an additional condition designed to ensure that

this venue, if it is permitted to open, remains as it starts out and operates in line with Mr

Ogbonnaya’s vision and pledge. The new condition 45 reads: “All licensable activities

shall be ancillary to the primary use of the premises as a gastro-pub, live music

venue and for community events”.

33. In so far as the hours applied for go beyond Policy Hours, Lambeth’s Statement of

Licensing Policy makes it clear that these hours are guidelines only. They are not inflexible

and each case will be considered on its individual merits. Mr Ogbonnaya has demonstrated

with the Prince of Peckham that he can operate to these later hours, in a similar area, without

adversely impacting on the licensing objectives.

34. Lambeth’s Statement of Licensing Policy encourages venues, such as Queen of the South,

that make a positive contribution toward building community cohesion and cultural

development and reflects the diversity of its community. Paragraph 4.3 of the Policy

states:

“4.3- We believe that as long as licensed premises operate as compliant,

well-regulated businesses and that their management act responsibly in

promoting the licensing objectives; run safe, well managed venues and

facilities; and engage and work with the local authority, its partners and

the local community; they make a positive contribution toward building

community cohesion and cultural development. It is also important to

appreciate that alcohol plays an important and inherent role within the

leisure and entertainment.”

35. It is submitted that this application merits consideration as an appropriate exception to the

usual Policy Hours for a District Town Centre venue.

EXPERT LICENSING IMPACT EVIDENCE

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36. The applicant has commissioned a senior former Metropolitan Police officer (Mr David

Gair, formerly Chief Inspector at Kingston Police responsible for licensing issues) to report

on the locality and the likely impact of this application on the licensing objectives if

granted.

37. Mr Gair’s Report is within the Bundle. He notes that the premises is in a location that is

busy and noisy into the early hours due to its prominent position on a main road. He

concludes:

“It is my professional opinion that new premises alcohol licence

application and hours being requested will have no appreciable impact

on crime, disorder or nuisance in the area and that the Licensing

objectives will be supported”.

CONCLUSION

38. For these reasons, the licensing sub-committee is invited to grant this premises licence

application subject to the revised hours and conditions set out in the Bundle.

39. These written submissions will be amplified by oral representations at the hearing on

Thursday, 12 March 2020. Mr Ogbonnaya will also be present to answer any questions the

sub-committee may have of him.

GARY GRANT

Counsel for Queen of the South, the Applicant

Francis Taylor Building Inner Temple www.ftbchambers.co.uk 9 March 2020

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http://www.ftbchambers.co.uk/

WHITE HART/ QUEEN OF THE SOUTH

REVISED HOURS & UPDATED PROPOSED CONDITIONS

(v.9.3.20)

Additional Agreed Licensing Officer Conditions in Blue (amended as appropriate)

REVISED HOURS FOR LICENSABLE ACTIVITIES (Thursday hours now reduced to match Sunday-Wednesday hours)

• Sunday – Thursday: 09:00-00:00 (Opening: 08:00-00:30)

• Friday-Saturday: 09:00 – 02:00 (Opening: 08:00 - 02:30) PREVENTION OF PUBLIC NUISANCE

1. During the hours of operation, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and/or washed and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

2. Substantial food and non-intoxicating beverages, including drinking water,

shall be available in all parts of the premises where alcohol is old or supplied for consumption on the premises.

3. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the area quietly.

4. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.

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5. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

6. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

7. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

8. No noise generated on the premises, or by its associated plant or

equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

9. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

10. There shall be no deliveries to the premises and emptying of bottle bank between (22.00) and (08.00) hours on the following day.

11. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 22.00 hours and 08.00 hours on the following day.

12. The licensee shall implement a robust dispersal policy from 23:00 to ensure all patrons leave the premises and vicinity as quietly and speedily as possible. Ensure that patrons are verbally advised by management/staff upon leaving to be mindful of the neighbouring residents so as not to disturb the peace.

13. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of Public Protection, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from Public Protection and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with Public Protection. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of Public Protection. No additional sound generating equipment shall

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be used on the premises without being routed through the sound limiter device.

14. All windows and external doors shall be kept closed after (21:00) hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

15. Loudspeakers shall not be located in any entrance lobbies or outside the premises building entrances

16. Patrons permitted to temporarily leave and then re-enter the premises to smoke before 23:00 hours shall not exceed 20.

17. Patrons smoking outside the premises after 23:00 hours, shall not be permitted to take drinks with them and shall not be more than 20.

18. The DPS or a Personal Licence Holder shall be at the premises, in a working capacity, from 21:00 hours until after closing time each evening.

19. There shall be no admittance or re-admittance to the premises after midnight on Sunday to Thursday and 01:00hrs on Friday to Saturday.

PREVENTION OF CRIME AND DISORDER

20. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

21. A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

22. Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk/USB Stick for the Police or authorised officers of the Local Authority or UK Border Agency without difficulty, delay or charge.

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23. Any CCTV breakdown or system failure will be notified to the Police and

Local Authority immediately & remedied as soon as practicable. Repair records / invoices shall be kept on site for at least 12 months and be readily available to be viewed by all authorised persons upon request.

24. All CCTV electrical and data storage equipment shall be connected via a surge protected extension lead/cable.

25. Notices shall be prominently displayed within the premises stating that CCTV is in operation

26. All staff member should be checked to ensure they have the right to work in the UK. These checks should be made available upon requests to all responsible authorities. All associated ‘entitlement to work’ documents: a) must be logged and kept on the premises for the duration of the employment; and b) must be retained for a minimum of 12 months after employment has ceased.

27. SIA registered door staff shall be employed at the premises, in accordance

with a risk assessment, to be carried out by the DPS. When employed, door staff will wear high visibility armbands and assist with the dispersal of patrons from the premises.

28. Subject to condition 26, the premises will have a minimum of two SIA security staff on duty at the premises on Friday and Saturday from 21:00 hours until 30 minutes after the premises close.

29. All SIA staff must sign a register detailing the information stated below. This register must be kept on the premises and made available immediately upon the request of Police or authorised officer of Lambeth Council. start and end of shift times, SIA badge registered number, full names

30. An incident log shall be kept at the premises, and made available on

request to an authorised officer of the Lambeth Council or the Police. It must be completed within 24 hours of the incident and will record the following: a) all crimes reported to the venue b) all ejections of patrons c) any complaints received concerning crime and disorder d) any incidents of disorder e) all seizures of drugs or offensive weapons f) any faults in the CCTV system, searching equipment or

scanning equipment g) any refusal of the sale of alcohol including date, time and name

of staff member

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h) any visit by a relevant authority or emergency service.

PREVENTION OF CHILDREN FROM HARM

31. A challenge 21 proof of age scheme shall be operated at the premise where the only acceptable forms of identification are recognised photographic identification cards such as a driving licence, passport or proof of age card with the PASS hologram.

32. All staff members engaged, or to be engaged, in selling alcohol on the

premises shall receive full training pertinent to the Licensing Act, specifically in regard to age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs. This shall take place every 6 months.

33. All such training is to be fully documented and signed by the employee and the person delivering the training. Training records shall be kept at the premises and made available upon request to either Police Officers or an authorised officer of Lambeth Council.

34. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

35. Signage advertising the aforementioned proof of age scheme shall be prominently displayed throughout the premises with a particular emphasis on the alcohol display area and service area.

36. All children under the age of 18 shall be accompanied by a responsible adult at all times whilst on the premises (save for specific children and family oriented events – e.g. child birthday parties and community events) before 9pm where adequate adult supervision must be provided .

PUBLIC SAFETY

37. The approved arrangements at the premises, including means of escape

provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

38. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

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39. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

40. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

41. The edges of the treads of steps and stairways shall be maintained so as to

be conspicuous.

42. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

43. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Licensing Authority.

44. The maximum number of persons accommodated at the premises shall not exceed the maximum permitted capacity recommended in an independent Fire Risk Assessment Report prepared after the refurbishment works are completed and inspected (to replace condition proposed by LA).

NEW ADDITIONAL CONDITIONS PROPOSED BY APPLICANT

45. All licensable activities shall be ancillary to the primary use of the premises

as a gastro-pub, live music venue and for community events.

46. The external rood terrace shall not be open to the public.

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Queen of the South

Gastropub & Live Music

“For south London, by south London.”

367 Norwood Road, SE27

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“When they go low, we go

high.”

A multi-faceted venue concept directed fully and comprehensively at inspiring a community.

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The heart of the hill…

Queen of the South will serve as the bosom of TulseHill and the surrounding areas.

”It takes a community to raise a child.”

Providing a space for all to co-exist.

Social deprivation doesn’t mean we can’t aspire to inspire others to do and be better.

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A little bit about me…

A Nigerian born, south Londoner with a passion for community.

Bought run down pub March 2017, formerly Clayton Arms, and created Prince of Peckham, opened May 2017.

Time Out Awards: Peckham’s Best Pub 2018

DesignMyNight Awards: Peckham’s Best Pub 2018, South London’s Best pub 2019

Star Pubs & Bars Awards: Nominated ‘Best Marketing’ 2019, Nominated ’Most Innovative’ 2020

Imbibe Awards: Pub Personality of the Year 2020 Runner up

A proven track record with multifaceted venue promotions, operations, event planning and development, brand management, communications, identifying and maximizing opportunities across restaurants, bars and clubs.

Our Values

“Your customer doesn’t care how much you know, until they know how much you care.”

Queen of the South concept will be dedicated in delivering excellent hospitality to our customers:

• High levels of product knowledge.

• Hospitality over service.

• Selection of BBQ’d & Grilled Meats, and catering to the growing vegetarian and vegan markets.

• Specialist craft beers. Responsible drinking.

• Hand-picked live music entertainment.

• Comedy, books, dance and yoga classes, karaoke, dating evenings, quizzes and cultural events, gourmet cooking courses

• Private dining area

• Excellence, the over riding strategy: Over delivering. Having a passion to work there and great product knowledge. Hard work. Professional. Aspirational. Being the best restaurant and bar concept in London.

• Creative: Cool. Interesting. Stylish. Music. Fashion.

• Relaxed and unpretentious: Being friendly. Under promising and over delivering. Classic and soulful. Seamless and effortless service. A sense of discovery.

• Socialising among Tulse Hill’s diverse communities & minorities – inclusivity.

• Enjoyable community and charitable events – at the heart of the community.

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The pub for everyone…22

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5.87 X 4.80 19'3" X 15'9"

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Room 7 3.66 X 2.90 12' X 9'6"

Room 5 3.96 X 3.66

13' X 12'

1

6th March 2020

Licensing Impact Assessment

The White Hart (Queen of the South), 367 Norwood Road, London SE27 9BQ.

Author: David Gair – Director Shield Associates For: Mr Clement Ogbonnaya. Arbuthnot Group Ltd Reference: SA2020/0108

1. Introduction

1.1. I retired from the Metropolitan Police Service as a Chief Inspector in September

2013 after having completed 31 years’ exemplary service. I was personally

responsible for policing, liaison, partnership working and compliance in relation to

licensed premises in the Boroughs of Westminster, Sutton and Kingston-upon-

Thames as well as involved in licensing issues and strategies across the

Metropolitan police area.

1.2. In particular, most recently, I was Chief Inspector Operations at Kingston-upon-

Thames responsible for all Licensing related issues and enforcement with a

dedicated licensing team under my command. As part of my responsibilities I

managed and delivered a series of crime and disorder reduction and public safety

strategies in relation to Oceana nightclub in Kingston – upon - Thames (now

PRYZM) which had headed a list of London’s top 50 night-time economy venues

ranked according to the amount of crime generated from these venues.

1.3. In relation to my responsibilities I undertook problem solving, partnership

working and compliance regimes to ensure the safety and security of patrons, staff

and the local community in relation to NTE licensed premises, in particular large

night-clubs and venues that remained open beyond 0200hrs. This included late-night

23

SHIELD ASSOCIATES

2

refreshment houses, liaison with public transport providers and licensed mini-cab

activities as part of the larger problem-solving initiatives.

1.4. The strategies I put in place resulted in an immediate 25% reduction in crime at

‘Oceana’ and falling crime throughout a six-month period resulting in the venue being

removed from the top 50 NTE venues ranked according to reported crime in London.

1.5. I am Director of a company called Shield Associates that delivers nationally

accredited training for owners, DPS, licensees, security companies, bar staff and

workers involved with NTE venues around crime reduction, anti- social behaviour

and awareness of their responsibilities under the Licensing Act, forensic awareness,

drugs awareness and personal safety and vulnerable persons.

1.6. I am a member of the Institute of Licensing and as such am qualified to conduct

compliance audits and security reviews on licensed premises.

1.7. I am aware of the potential impact of the operation of NTE venues on local

communities and have provided reports to licensing committees and courts in

relation to a variety of licensing issues on various occasions both as a police officer

and as a Director of Shield Associates.

1.8. As a company, our aim is to provide independent regulatory support to the

Licensing trade, offer problem solving and compliance guidance and support the key

objectives of the Licensing act in reviewing working practices, policies and

procedures to ensure:

• The security and safety of those visiting a venue • The prevention of crime and disorder • The prevention of public nuisance • The protection of young & vulnerable people from harm

1.9. As such we have undertaken comprehensive reviews and audits of licensed

premises to ensure compliance and responsible management in support of the

licensing objectives. We have delivered training to staff at licensed venues, local

Pub-Watch schemes, personal licence holders and SIA door security companies.

1.10. As a company, we undertake independent reviews of premises when instructed

to do so and as such my duty is to the licensing committee, venue owners and local

24

3

community when considering the impact of any new licence application or variation

to permitted hours’ application.

1.11. All issues identified in this report are true to the best of my knowledge and

experience. They were either witnessed or experienced by me or told to me in good

faith. The opinions I have expressed in this report are honest held and correct to the

best of my judgement. The fee for this report is not conditional on the outcome of the

case in anyway whatsoever.

2. Instructions to Shield Associates

2.1. Mr Clement Ogbonnaya and his company, The Brading Group Ltd, have

instructed Shield Associates to undertake an independent licensing impact

assessment in relation to the application for a premises licence for the currently

vacant White Hart public house at 367 Norwood Road, SE27 9QB.

2.2. We have been asked to assess any potential impact of the premises re-opening

with renewed licensable hours, especially in relation to the key licensing objectives

should the request be successful. The times detailed on the revised application for

the premises licence in relation to sale by retail of alcohol for the venue are as

follows (with closing time 30 minutes later):

Sundays to Thursdays - 0900hrs – 0000hrs

Fridays to Saturdays - 0900hrs – 0200hrs

3. Venue history & background

3.1. According to Lambeth pub history (Pub wiki history site) the venue at 367

Norwood Road, SE27 9BQ has operated as licensed premises since around 1881.

The venue has a long history of directory listing as a public house at that location.

3.2. According to an article on the BrixtonBuzz website by Mike Urban (16/01/2020),

the application for e new premises licence has been welcomed after years of the

venue being closed. The article refers to the closure of the pub in 2015, whereby it

25

4

opened again to some criticism stating that the new management introducing

measures that included standing in the pub being forbidden and patrons wearing

trainers being asked to leave. The pub then apparently closed again in 2018 and the

lease put up for sale. It is not clear what happened to the premises licence for the

venue.

4. The premises locality & Licensing Policy

4.1. The venue is located Norwood Road in what is commonly referred to Tulse Hill

town centre close to Tulse Hill main-line railway station. The area sits within the

control of Lambeth Borough council and is covered by the council Licensing Policy.

There is one dedicated cumulative impact zone in the Borough in Clapham. The

Tulse Hill area is not affected by the cumulative impact restrictions.

4.2. The venue is situated on the corner of Station Rise and the Norwood Road and

has a prominent location in the local area, though at this time looks somewhat untidy

and uncared for, progressing towards what could be described as derelict.

4.3. There are a number of licensed premises within approximately 500m of the

venue:

• 150 Norwood Road – Tulse Hill Hotel and pub/bar – Traditional public bar and

hotel with nine letting rooms – open until 2300hrs during the week and

0000hrs Fridays and Saturdays.

• 152 Norwood Road – Godfather Pizza Takeaway – open until 0030hrs

weekdays and 0300hrs Fridays and Saturdays

• 178 Norwood Road – Co-Op supermarket – open until 2300hrs

• 182 Norwood Road – Village Masaleh Indian restaurant & Takeaway – open

until 2330hrs

• 184 Norwood Road – A.R Norwood Food & Wine convenience store and Off

Licence – open until 0000hrs

• 190 Norwood Road – AK Chicken fast food restaurant – open until 0000hrs

weekdays and 0300hrs Friday and Saturdays.

26

5

• 196 Norwood Road – La Casa Degli Amici Italian Restaurant – open until

2300hrs

• 200A Norwood Road – G7 Shed convenience store – open until 2300hrs

• 345 Norwood Road – Low Cost Food & Wine off licence and convenience

store – Open until 0400-0500hrs

• 347 Norwood Road – Siam Niyom Thai restaurant – open until 2230hrs

• 369 Norwood Road – Restaurante Castelo Italian Restaurant (next door to the

White Hart) – open until 0000hrs

• 379 Norwood Road – London Pizza Takeaway – open until 0100hrs

• 6 Station Rise – Carlo’s Cocktails and Wine Bar – open until 2300hrs

• 8 Station Rise – Railway Tavern public bar – open until 0000hrs weekdays

(although its licence permits activities until 0200hrs midweek), 0200hrs

Fridays and Saturdays. 1 x SIA Security employed on Friday and Saturday

nights.

4.4. Also, in the extended vicinity of the venue are restaurants, pubs and bars, as

you travel towards Lambeth, Streatham and Crystal Palace.

5. Environmental visual audit of the area

5.1. On Thursday 5th March 2020 between 2100 - 0230hrs Shield Associates

undertook an environmental visual audit (EVA) of the location (See pictures 1 & 2 in

Appendix A).

5.2. Throughout the time I was in the vicinity of the venue and surrounding area it

was clear that this is a busy area of South East London. Vehicular throughput along

Norwood Road and through the main junction of Norwood Road and Christchurch

Road was busy throughout the evening and into the early hours of 6th March 2020.

Pedestrian traffic during the audit was also busy with regular influx of commuters

leaving Tulse Hill station through the evening into the late night eventually reducing

after midnight.

27

6

5.3. Most of the licensed restaurants, bars and pubs still open were busy. There

were people walking around the area either visiting the local shops and licensed

venues or continuing their journeys home.

5.4. There is a bus stop within 10m of the venue that services bus routes: 2, 68, 196,

322, 432 & 468. There are also Night-buses N2 (from Crystal Palace to Marylebone,

central London) & N68 (Old Coulsdon to Drury Lane/St Giles High Street, central

London) that offer excellent transport options for those in the area of Tulse Hill High

Street. The bus stop was actively used throughout the audit.

5.5. There is a 24hour mini-cab office opposite the venue, ‘Browns 24 Hour Car Hire’

that offers further transport options for those visiting or living in the area. As

previously mentioned, the venue sits within approximately 80m of Tulse Hill main line

rail station. From a transport perspective to aid with dispersal and support those

leaving the area in the early hours of the morning, there is clearly a wide selection of

viable options.

5.6. In relation to noise nuisance and anti-social behaviour, during the time of the

audit noise from the street population, licensed venues, traffic and visitors to the area

was typical of the hustle and bustle of a busy location in London. The majority of

people in the area were good natured and no disorder or anti-social behaviour was

noticed or experienced. The footprint of the venue is quite defined with shopping

parades along each side or the Norwood Road along to the railway bridge and the

main road junction of Christchurch Road.

5.7. As the evening progressed towards 0200hrs pedestrian activity quietened

somewhat, though the bus stop was in fairly constant use. Vehicular traffic also

quietened, though was present through into the small hours. The background noise

of traffic and pedestrians in the area remained fairly moderate during this period.

5.8. During the audit I spoke to a barman at The Tulse Hill Hotel who informed me

that in his experience the area had benefitted from investment in the last 5 years

(which is supported by ‘the plan for West Norwood and Tulse Hill: Community

Evidence Report by Regeneris Consulting Ltd in March 2017) and that the area was

certainly ‘on the up’. He told me that Monday to Wednesday was steady but fairly

quiet in relation to his venue, however, Thursday through to Sundays was busy with

28

7

most tables being used and a noticeable increase in custom in the last few years. In

relation to crime and disorder he stated there were no specific issues, though an

occasional person might cause a disturbance, though usually only threats and

nuisance until required to leave. He hadn’t experienced any violence at the venue.

The venue was busy when I visited.

5.9. I also spoke to bar staff at The Railway Tavern who made similar comments

about the area and was busy on the night of the audit. She mentioned that they did

utilise SIA Security at the weekends, though didn’t have any persistent crime issues

at the venue, other than the occasional disturbance.

6. Compliance visit and audit

6.1. The venue is not currently open to allow an independent compliance visit to be

undertaken. It has been agreed, however, that Shield Associates will be invited to

undertake such a visit if the licence application is successful and once the premises

is operating.

7. Conclusion

8.1. The venue has operated as licensed premises for over 100 years and has a

prominent position within Tulse Hill and the local community. It is looking rather tired

and uncared for at the moment and would clearly benefit from a thorough

refurbishment.

8.2. The main two licensed pubs/bars currently open in the area, Tulse Hill Hotel and

the Railway Tavern, appear to be well run establishments. They both have clean,

tidy and well managed interiors with a mix of table and vertical drinking. Both offer

food and have kitchens supplying hot meals to patrons.

8.3. In relation to the White Hart I would conclude that it is ripe for refurbishment and

re-opening as a licensed venue. I spoke to one young man in the area (Jayden

Thompson 14yrs) who couldn’t remember seeing the pub open.

29

8

8.4. In relation to impact on the local community, I would say that a well-run venue

with appropriate policies in place and a consideration as to SIA cover at weekends to

support measures already in place at the Railway Tavern, would have little or no

negative impact on the local community. The issues of the pub being viable would

appear to be more financial than issues related to crime, disorder or nuisance.

8.5. Open source checks on the venue and the area produced no negative or critical

stories or features about the White Hart, instead, as mentioned, there were mostly

positive comments about the possibility of the pub re-opening.

8.6. In relation to crime in the immediate vicinity there were 6 reported crimes in

Norwood Road in January 2020 – 2 x burglaries, 1 x theft, 2 x shoplifting and 1 x

theft from a person (snatch) type offence. No other crimes of note are apparent,

which supports comments by both the bar staff at The Tulse Hill Hotel and The

Railway tavern.

8.7. The venue sits within Lambeth Borough and is surrounded by a number of

licensed premises with a variety of permitted and licensed hours. As previously

mentioned, this is a busy popular part of South East London with relatively high

levels of pedestrian and vehicular traffic. It is my professional opinion that new

premises alcohol licence application and hours being requested will have no

appreciable impact on crime, disorder or nuisance in the area and that the Licensing

objectives will be supported.

David Gair

Shield Associates

Member of the Institute of Licensing

30

• ,z The Institute of Licensing

9

Appendix A

31

10

32

London Borough of Lambeth Licensing Department

6th Floor, International House Annex F

Canterbury Crescent London SW9 7QE Tel: 020 7926 6108 Web: www.lambeth.gov.uk/licensing/

Premises Licence A - 1

Licensing Act 2003

Premises Licence

Premises Licence Number Prem795 Version Reference 05/03459/PREMLI

Part 1 – Premises Details

Postal address of premises including Post Town & Post Code, or if none, ordnance survey

map reference or description

The White Hart

367 Norwood Road

London SE27 9BQ

Telephone number

Where the licence is time limited the dates

-

Licensable activities authorised by the licence

Recorded Music (indoors only) Provision of Facilities for Dancing (indoors only) Provision of Facilities for Similar Ente (indoors only) Supply of Alcohol

The times the licence authorises the carrying out of licensable activities

Recorded Music

Friday & Saturday 10:00 - 01:00 Monday - Thursday 10:00 - 00:00

Sunday 11:00 - 00:00

New Years Eve - from the end of permitted hours until the start of permitted hours the following day

Provision of Facilities for Dancing

Friday & Saturday 10:00 - 01:00

Monday - Thursday 10:00 - 00:00 Sunday 11:00 - 00:00

New Years Eve - from the end of permitted hours until the start of permitted hours the following

day

33


Provision of Facilities for Similar Ente Friday & Saturday 10:00 - 01:00



day

Supply of Alcohol Friday & Saturday 10:00 - 01:00

Monday - Thursday 10:00 - 00:00

Sunday 11:00 - 00:00


day

Opening Hours (Non-standard & Seasonal)

-

On New Year's Eve from the end of the permitted hours on new Year's Eve to the start of

permitted hours on the following day (or, if there are no permitted hours on the following day,

midnight on 31st December).

The opening hours of the premises

Monday 10:00 - 00:30 Tuesday 10:00 - 00:30

Wednesday 10:00 - 00:30 Thursday 10:00 - 00:30

Friday 10:00 - 00:30

Saturday 10:00 - 00:30 Sunday 11:00 - 00:30

Where the licence authorises supplies of alcohol whether these are on and/or off supplies

Alcohol may be supplied for consumption both on and off the premises

34


Signed:…………………… On behalf of the Head of Community Safety

Dated:…………………….

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of

premises licence

Broadway Inns LTD

Elsley Court 20-22 Great Titchfield Street

London, W1W 8BE

Registered number of holder, for example company number, charity number (where

applicable)

Registered Company Number SC250925

Name, address and telephone number of designated premises supervisor where the premises licence authorises the supply of alcohol

Terrence Gilby

367 Norwood Road West Norwood

SE27 9BD

Landline Telephone contact details 0208 674 2540

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises the supply of alcohol

Personal Licence No: 077109 Licensing Authority: London Borough Of Hackney

35


Annex 1 – Mandatory conditions

1 MANDATORY CONDITIONS (Alcohol - on)

Condition A1.

No supply of Alcohol may be made under the Premises Licence:

(a) At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or

(b) At a time when the Designated Premises Supervisor does not hold a Personal Licence or is

suspended.

Condition A2

Every supply of alcohol under the Premises Licence must be made, or authorised by a person who

holds a Personal Licence.

Condition A3 (1) The responsible person must ensure that staff on relevant premises do not carry

out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities,

or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a) games or other activities which require or encourage, or are designed to require or

encourage, individuals to—

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the

responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise)

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a

manner which carries a significant risk of undermining a licensing objective;

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or

less in a manner which carries a significant risk of undermining a licensing

objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone,

encourage or glamorise anti-social behaviour or to refer to the effects of

drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of

disability).

Condition A4

The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

36


Condition A5

(1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or

supply of alcohol.

(2) The designated premises supervisor in relation to the premises licence must ensure that the

supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being

served alcohol, identification bearing their photograph, date of birth and

either— (a) a holographic mark, or

(b) an ultraviolet feature.

Condition A6 The responsible person must ensure that—

(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in

advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml;

(b) these measures are displayed in a menu, price list or other printed material which is

available to customers on the premises; and

(c) where a customer does not in relation to a sale of alcohol specify the quantity of

alcohol to be sold, the customer is made aware that these measures are available.

Additional Mandatory Licensing Conditions, Minimum Drinks Pricing:

1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

2. For the purposes of the condition set out in paragraph 1

(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979 (b) "permitted" price is the price found by applying the formula - P=D+(DxV) where:

(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the

date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax

were charged on the date of the sale or supply of the alcohol;

(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence

(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d)"relevant person" means, in relation to premises in respect of which there is in force a club

premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e)"value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

37


3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this

paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken

to be the price actually given by that sub-paragraph rounded up to the nearest penny.

4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day ("the first day") would be different from the permitted price on the next day ("the second

day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

38


Annex 2 – Conditions consistent with the Operating Schedule

1 General - all four licensing objectives

Any relocation of fire appliances, Amusement with Prizes machines, cigarette machines and any other similar objects shall be such that the ability of individuals to use exits or escape from the

premises is not impeded in any way.

The interior of the premises shall be well lit, kept airy and bright, and exterior parts well lit.

2 The protection of children from harm

Unaccompanied children are not to be allowed on the premises

Cigarette and amusement with prizes machines on the premises are to be positioned in sight of the

bar servery.

The management is to have a system of patrolling the premises.

Children are not to be permitted on the premises or remain on the premises after 18:00.

All staff are to be trained to require photo ID from anyone who appears to be under 18 years of

age.

3 Public Safety

The premises shall be provided with fire fighting equipment which shall be readily available for use, serviced regularly and records of such maintenance kept on site for inspection by authorised

officers.

The licensee is to ensure that staff are trained in first aid.

Gas and electrical appliances within the premises are to be inspected and certificated annually.

The licensee shall ensure that an accident and incident booklet is kept on the premises.

The premises licence holder shall have a pest control contract in place for the premises.

The premises licence holder shall ensure that staff are aware of the disability policy for the premises.

The premises shall be fire and generally risk assessed, these to be completed on a quarterly basis.

4 The prevention of public nuisance

The premises licence holder shall ensure that prominent, clear and legible notices are displayed at

all exits requiring customers to respect the needs of local residents and to leave the area quietly.

Doors and windows, except entry and exit to the premises to be kept closed when regulated

entertainment is being provided. Alternative means of ventilation shall be provided to the premises.

39


5 The prevention of crime and disorder

The interior trading areas are to be visible to staff from behind the bar servery.

The licensee shall have in place a procedure for regular inspection of the toilets within the premises.

The licensee shall have in place a system for staff to monitor customer's behaviour especially during the busy periods.

All staff are to be trained in checking the toilets for signs of drug use.

40


Annex 3 – Conditions attached after a hearing by the licensing authority

None

41


Annex 4 – Plans

42

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dearopefling width1410mm

NORWOOo A0,40·•,. ···········:1•-, .. · ... · ......... ······· ... ·••... .. .. !

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Effective Drinking Area= 101 sq.m.

13 --~ 8 -·. -~ .... Ill -OI --~ =-;: Cl :;::::.,

London Borough of Lambeth Licensing Department

6th Floor, International House Annex F

Canterbury Crescent London SW9 7QE Tel: 020 7926 6108 Web: www.lambeth.gov.uk/licensing/

Premises Licence Summary B - 11

Licensing Act 2003

Premises Licence Summary

Premises Licence Number Prem795 Version Reference 05/03459/PREMLI

Premises Details

Postal address of premises including Post Town & Post Code, or if none, ordnance survey

map reference or description

White Hart

The White Hart

367 Norwood Road London

SE27 9BQ

Telephone number

Where the licence is time limited the dates

-

Licensable activities authorised by the licence

Recorded Music (indoors only) Provision of Facilities for Dancing (indoors only) Provision of Facilities for Similar Ente (indoors only) Supply of Alcohol

The times the licence authorises the carrying out of licensable activities

Recorded Music Friday & Saturday 10:00 - 01:00

Monday - Thursday 10:00 - 00:00

Sunday 11:00 - 00:00


day

Provision of Facilities for Dancing


Sunday 11:00 - 00:00

43



day

Provision of Facilities for Similar Ente


Sunday 11:00 - 00:00

New Years Eve - from the end of permitted hours until the start of permitted hours the following day

Supply of Alcohol Friday & Saturday 10:00 - 01:00



day

Opening Hours (Non-standard & Seasonal) -

On New Year's Eve from the end of the permitted hours on new Year's Eve to the start of

permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

The opening hours of the premises

Monday 10:00 - 00:30

Tuesday 10:00 - 00:30

Wednesday 10:00 - 00:30 Thursday 10:00 - 00:30

Friday 10:00 - 00:30 Saturday 10:00 - 00:30

Sunday 11:00 - 00:30

Where the licence authorises supplies of alcohol whether these are on and/or off supplies

Alcohol may be supplied for consumption both on and off the premises

Name, (registered) address of holder of premises licence

Broadway Inns LTD Elsley Court

20-22 Great Titchfield Street London,

W1W 8BE

Registered number of holder, for example company number, charity number (where applicable)

44


Registered Company Number SC250925

Name of designated premises supervisor where the premises licence authorises the supply of

alcohol

Terrence Gilby

State whether access to the premises by children is restricted or prohibited

45

Licensing Register - Premises licences and club registrations - licences granted for licence number: 857731

Further Information on Licence Number: 857731 Property details Licence number: 857731

Trading name and address: The Prince of Peckham 1 Clayton Arms Clayton Road SE15 5JA

Ward: The Lane Applicant and Designated Premises Supervisor details Licence Holder The Arbuthnot Group Ltd Designated Premises Supervisor name:

Clement Ogbonnaya

Licence details Licence type: Premises Date granted: April 26 2017 Licensable activities and conditions

Opening hours:

Monday 08:00 to 00:30 Tuesday 08:00 to 00:30 Wednesday 08:00 to 00:30 Thursday 08:00 to 00:30 Friday 08:00 to 02:30 Saturday 08:00 to 02:30 Sunday 08:00 to 00:30

Granted licensable activities:

Films - indoors Monday 10:00 to 00:00 Tuesday 10:00 to 00:00 Wednesday 10:00 to 00:00 Thursday 10:00 to 00:00 Friday 10:00 to 02:00 Saturday 10:00 to 02:00 Sunday 10:00 to 00:00 Indoor sporting event Monday 10:00 to 00:00 Tuesday 10:00 to 00:00 Wednesday 10:00 to 00:00 Thursday 10:00 to 00:00

46

Friday 10:00 to 02:00 Saturday 10:00 to 02:00 Sunday 10:00 to 00:00 Late night refreshment - indoors and outdoors Monday 23:00 to 00:00 Tuesday 23:00 to 00:00 Wednesday 23:00 to 00:00 Thursday 23:00 to 00:00 Friday 23:00 to 02:00 Saturday 23:00 to 02:00 Sunday 23:00 to 00:00 Recorded music - indoors Monday 10:00 to 00:00 Tuesday 10:00 to 00:00 Wednesday 10:00 to 00:00 Thursday 10:00 to 00:00 Friday 10:00 to 02:00 Saturday 10:00 to 02:00 Sunday 10:00 to 00:00 Sale by retail of alcohol to be consumed off premises Monday 10:00 to 00:00 Tuesday 10:00 to 00:00 Wednesday 10:00 to 00:00 Thursday 10:00 to 00:00 Friday 10:00 to 02:00 Saturday 10:00 to 02:00 Sunday 10:00 to 00:00 Sale by retail of alcohol to be consumed on premises Monday 10:00 to 00:00 Tuesday 10:00 to 00:00 Wednesday 10:00 to 00:00 Thursday 10:00 to 00:00 Friday 10:00 to 02:00 Saturday 10:00 to 02:00 Sunday 10:00 to 00:00

Conditions: 100 - No supply of alcohol may be made under the Premises Licence - (a). At a

time when there is no Designated Premises Supervisor in respect of the Premises

47

Licence; or (b). At a time when the Designated Premises Supervisor does not

hold a Personal Licence or his Personal Licence is suspended.

101 - Every supply of alcohol under the Premises Licence must be made, or

authorised by, a person who holds a Personal Licence.

340 - That the hours for licensable activities on New Year's Eve shall be

extended to the start of permitted hours on the following day and an additional

hour shall be added on the day when British Summer Time commences.

341 - (a) That the premises shall be effectively ventilated. (b) Where the

ventilation system is designed to maintain a positive air pressure within that part

of the premises, that pressure shall be maintained whenever the public are

present in that part of the premises.

342 - That a sufficient number of suitable receptacles with properly fitting

covers shall be provided to the satisfaction of the Council for the purpose of

receiving rubbish, dust and refuse from the premises; and all accumulations or

collections of such rubbish, dust and refuse, unless immediately removed from

the premises or destroyed, shall be placed in such receptacles and kept there

until so removed or destroyed; provided that hot ashes, cinders or any other

substances which, when in contact with flammable material, are likely to cause

smoke or fire shall not be placed in the same receptacles as flammable rubbish

or refuse. Such rubbish, dust and refuse shall be removed regularly from the

premises. The receptacles shall be maintained in a clean and wholesome

condition to the satisfaction of the Council and shall be kept in positions

approved by the Council.

343 - That no licensable activities shall take place in any outside area.

344 - That there shall be no movement of musical or amplification equipment, to

or from the premises, between the hours of midnight and 08:00.

345 - That staff will be trained in all aspects and objectives of the licensing law.

346 - That the premises will co-operate with the police and participate in any

Pub Watch or other equivalent scheme.

347 - That any noise from the licensable activities provided will be monitored in

order to prevent nuisance.

348 - That a zero tolerance policy towards illegal drugs will be in operation at all

times.

349 - That no person under 18 shall be admitted to any part of the premises

where adult entertainment is provided.

350 - That any restrictions on the admission of children will be displayed outside

the premises or relevant part thereof.

48

351 - That a direct telephone number for the manager at the premises shall be

publicly available at all times the premises is open. This telephone number is to

be made available to residents and businesses in the vicinity.

485 - (1) The responsible person must ensure that staff on relevant premises do

not carry out, arrange or participate in any irresponsible promotions in relation

to the premises. (2) In this paragraph, an irresponsible promotion means any one

or more of the following activities, or substantially similar activities, carried on

for the purpose of encouraging the sale or supply of alcohol for consumption on

the premises � (a) games or other activities which require or encourage, or are

designed to require, encourage, individuals to - (i) drink a quantity of alcohol

within a time limit (other than to drink alcohol sold or supplied on the premises

before the cessation of the period in which the responsible person is authorised

to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether

within a time limit or otherwise); (b) provision of unlimited or unspecified

quantities of alcohol free or for a fixed or discounted fee to the public or to a

group defined by a particular characteristic in a manner which carries a

significant risk of undermining a licensing objective; (c) provision of free or

discounted alcohol or any other thing as a prize to encourage or reward the

purchase and consumption of alcohol over a period of 24 hours or less in a

manner carries a significant risk of undermining a licensing objective; (d) selling

or supplying alcohol in association with promotional poster or flyers on, or in

the vicinity of, the premises which can reasonably be considered to condone,

encourage or glamorise anti-social behaviour or to refer to the effects of

drunkenness in any favourable manner; and (e) dispensing alcohol directly by

one person into the mouth of another (other than where that other person is

unable to drink without assistance by reason of disability).

487 - The responsible person must ensure that free potable water is provided on

request to customers where it is reasonably available.

488 - (1) The premises licence holder or club premises certificate holder must

ensure that an age verification policy is adopted in respect of the premises in

relation to the sale or supply of alcohol. (2) The designated premises supervisor

in relation to the premises licence must ensure that the supply of alcohol at the

premises is carried on in accordance with the age verification policy. (3) The

policy must require individuals who appear to the responsible person to be under

18 years of age (or such older age as may be specified in the policy) to produce

on request, before being served alcohol, identification bearing their photograph,

date of birth and either (a) a holographic mark; or (b) an ultraviolet feature.

489 - The responsible person shall ensure that - (a) Where any of the following

alcoholic drinks is sold or supplied for consumption on the premises (other than

alcoholic drinks sold or supplied having been made up in advance ready for sale

or supply in a securely closed container) it is available to customers in the

following measures - (i) Beer or cider: 1/2 pint; (ii) Gin, rum, vodka or whisky:

25 ml or 35 ml; and (iii) Still wine in a glass: 125 ml; (b) these measures are

displayed in a menu, price list or other printed material which is available to

49

customers on the premises; and (c) where a customer does not in relation to a

sale of alcohol specify the quantity of alcohol to be sold, the customer is made

aware that these measures are available,

491 - 1. A relevant person shall ensure that no alcohol is sold or supplied for

consumption on or off the premises for a price which is less than the permitted

price. 2. For the purpose of the condition set out in paragraph (1): (a) �duty�

is to be construed in accordance with the Alcoholic Liqour Duties Act 1979; (b)

"permitted price" is the price found by applying the formula P = D + (D x V),

where- (i) P is the permitted price, (ii) D is the amount of duty chargeable in

relation to the alcohol as if the duty were charged on the date of the sale or

supply of the alcohol, and (iii) V is the rate of value added tax chargeable in

relation to the alcohol as if the value added tax were charged on the date of the

sale or supply of the alcohol; (c) "relevant person" means, in relation to premises

in respect of which there is in force a premises licence � (i) the holder of the

premises licence: (ii) the designated premises supervisor (if any) in respect of

such a licence; or (iii) the personal licence holder who makes or authorises a

supply of alcohol under such a licence; (iv) "relevant person" means, in relation

to premises in respect of which there is in force a club premises certificate, any

member or officer of the club present on the premises in a capacity which

enables the member or officer to prevent the supply in question; and (v)"value

added tax" means value added tax charged in accordance with the Value Added

Tax Act 1994. 3. Where the permitted price given by paragraph (b) of paragraph

2 would (apart from this paragraph) not be a whole number of pennies, the price

given by that sub-paragraph shall be taken to be the price actually given by that

sub-paragraph rounded up to the nearest penny. 4. (1) Sub-paragraph (2) applies

where the permitted price given by paragraph (b) of paragraph 2 on a day ("the

first day") would be different from the permitted price on the next day ("the

second day") as a result of a change to the rate of duty or value added tax; (2)

the permitted price which would apply on the first day applies to sales or

supplies of alcohol which take place before the expiry of the period of 14 days

beginning on the second day.

840 - That licence number 858091 be surrendered upon the issue of this

premises licence.

841 - That all musicians and DJs must play electrically amplified

music/audio/PA through a sound cut out device or limiting device. The cut-out

device shall be maintained at levels set to the satisfaction. The cut-device or

noise limiting device shall be maintained at levels set to the satisfaction of the

Council�s Noise Team.

842 - That all doors and windows excepting any that may be required to be

locked open for the purposes of means of escape shall be kept closed whenever

public entertainment is being provided upon the premises.

843 - That no more than 20 customers can remain in the outside area by

Peckham High Street at any time.

50

844 - That there be a maximum accommodation limit on the ground floor of 170

excluding staff and on the first floor of 80 excluding staff.

845 - That the Dispersal Policy will be kept at the premises with the premises

licence and made available for inspection by authorised officers.

846 - That a CCTV system be installed at the premises and be maintained in

good working order and be continually recording at all times the premises are in

use under the licence. The CCTV System must be capable of capturing a clear

facial image of every person who enters the premises and cover the main areas

including all outside areas and immediately outside the premises.

847 - That all CCTV footage be kept for a period of 31 days and shall on request

be made immediately available to officers of the police and the council. There

will be at least one person on duty at all times that is familiar with the operation

of the CCTV and able to download the footage upon request.

848 - That all staff are trained in their responsibilities under the Licensing Act

2003 and training records to be kept and updated every six months and shall,

upon request, be made immediately available to officers of the police and the

council.

849 - That clearly legible signage shall be prominently displayed where it can

easily be seen and read by customers at all exits / entrances at the premises

requesting to the effect that customers leave the premises in a quiet and orderly

manner with respect for local residents. Announcements to the same effect shall

also be made.

850 - That no outside area should be used after 23.00 except for a maximum of

six smokers in a designated area.

851 - That when the terminal hour is later than 01.00 there shall be two SIA

registered door supervisors who will be engaged when the premises are in

operation on Friday and Saturday and will be employed at all times after 21:00

until the end of business and all patrons have vacated the premises. They will be

engaged to monitor admission and re-admissions to the premises, security,

protection, screening, dealing with conflict and ensure that conditions related to

the use of the outside area are adhered to and that the dispersal policy for the

premises is implemented.

51

Railway Tavern Premises Licence Details

OPENING HOURS

Time Period From To

Monday 10:00 AM 02:30 AM

Tuesday 10:00 AM 02:30 AM

Wednesday 10:00 AM 02:30 AM

Thursday 10:00 AM 02:30 AM

Friday 10:00 AM 02:30 AM

Saturday 10:00 AM 02:30 AM

Sunday 10:00 AM 02:30 AM

ACTIVITIES

Activity Location Indoors/Outdoors Alcohol Consumed Capacity Time Period From To

Live Music Proposed Indoors

Friday & Saturday 10:00 AM 12:00 AM

Recorded Music Proposed Indoors

Monday - Sunday 10:00 AM 02:00 AM

Late Night Refreshment

Proposed Indoors


Supply of Alcohol Proposed

Both


52

CONDITIONS

General - all four licensing objectives

GENERAL - ALL FOUR LICENSING OBJECTIVES CCTV has been Installed throughout the premises. Zero tolerance approach to anti social behaviour and drug use.

The protection of children from harm

PROTECTION OF CHILDREN FROM HARM Unaccompanied children will not be allowed onto the premises at anytime. Rigorous identity checks done for patrons who don't look 21 years old. Children will be required to leave the premises at 19:00 hours. Children will not be allowed to sit or stand near the bar.

Public Safety PUBLIC SAFETY The premises will operate a zero tolerance towards anti-social or nuisance behaviour. Nominated first aider on duty.

Prevention of public nuisance

PREVENTION OF PUBLIC NUISANCE The premises licence holder shall ensure that prominent, clear and legible signage are displayed at the exits of the premises requesting customers leaving the premises late at night to do so quietly and with consideration so as no to disturb nearby residents. Keep all windows closed during live performances. The premises licence holder shall have in carry out monitoring of noise emanating from the premises. The premises licence holder shall maintain good neighbourly policy.

53

The use of the beer garden will cease at 23:00 hours.

Prevention of crime and disorder

PREVENTION OF CRIME AND DISORDER Drinks will not be served to persons who exhibit any form of aggressive behaviour or under the influence of drink. Appropriate action will be taken against any customer who is verbally or physically aggressive. Trained staff to remain vigilant to antisocial behaviour and expel problem customers.

54

From: [email protected]: LicensingSubject: Comments for Licensing Application 20/00101/PRMNEWDate: 07 February 2020 11:57:52

Licensing Application comments have been made. A summary of the comments isprovided below.

Comments were submitted at 11:57 AM on 07 Feb 2020 from Mr Norwood Forum.

Application SummaryAddress: The White Hart 367 Norwood Road London SE27 9BQ

Proposal: Premises Licence (new application)

Case Officer: Mr Ola Owojori

Click for further information

Customer DetailsName: Mr Norwood Forum

Email:

Address: Knight's Hill, London SE27 0HY

Comments DetailsCommenterType: Local Interest Groups

Stance: Customer made comments in support of the LicensingApplication

Reasonsforcomment:

- Supporting application

Comments: 11:57 AM on 07 Feb 2020 Norwood Forum and NorwoodAction Group are keen to see the White Hart on Station Risereopen and help improve the area. The applicant, ClementOgbonnaya, currently runs the Prince of Peckham which hasa good mix of events and entertainment along with a foodand drink offer. If this was to be replicated in Tulse Hill itcould have a positive impact on the local economy.However, we suggest that the proposed hours of openingshould be subject to careful consideration including takingaccount of the views of local residents and by reference tothe licence granted to other pubs and similar in the area.This representation is made with regard to all four of thelicensing objectives: 1) Preventing crime and disorder 2)Public safety 3) Preventing public nuisance, and 4)Protecting children from harm.

Annex E55

-

From: [email protected]: Ola OwojoriSubject: Comments for Licensing Application 20/00101/PRMNEWDate: 16 January 2020 13:29:51


Comments were submitted at 1:29 PM on 16 Jan 2020 from Mr Tom Edwards.





Customer DetailsName: Mr Tom Edwards

Email:

Address: GF Thornlaw Road, London SE27 0SH

Comments DetailsCommenterType: Neighbour/Public


Reasonsforcomment:


Comments: 1:29 PM on 16 Jan 2020 A great opportunity to resurrectwhat is now an eyesore in the area.I support the opportunity to develop the night time economyin the area and bring some personality and culture back tothe high street.

56

■



Comments were submitted at 2:51 PM on 16 Jan 2020 from Mr alex talbot.





Customer DetailsName: Mr alex talbot

Email:

Address: Drewstead Road, London, Lambeth SW16 1AG



Reasonsforcomment:


Comments: 2:51 PM on 16 Jan 2020 The pub in its previous form (pre-2015) was a well-loved institution in the local area. Itsvacancy for a number of years has served to demote thecharacter of the area.

The potential new owners, running one of the best pubs inSouth London - the Prince of Peckham - have suitableexperience to rejuvenate this local asset.

In addition, the licensing time seems reasonable as itappears to be in line with the Railway Tavern free housewhich is of course only meters away.

I thoroughly support the granting of this license so that thispub can be brought back to use and serve the communityonce again.

57

■



Comments were submitted at 2:57 PM on 16 Jan 2020 from Mr Oliver gili.





Customer DetailsName: Mr Oliver gili

Email:

Address: Northstead Road, London SW2 3JN



Reasonsforcomment:


Comments: 2:57 PM on 16 Jan 2020 This is great news. The peoplebehind Prince of Peckham doing a live venue with properopening hours within walking distance of my house, in aplace which is already noisy because of traffic.

Please grant their application.

I'm not connected to them in anyway, but London hasalways had a vibrant music scene, and because this is beingsqueezed by the loss of small venues, a small venue run bya decent team will be an asset to this area.

58

■



Comments were submitted at 3:06 PM on 16 Jan 2020 from Mr Jeffrey Williams.





Customer DetailsName: Mr Jeffrey Williams

Email:

Address: Chestnut Road, London SE27 9LF



Reasonsforcomment:


Comments: 3:06 PM on 16 Jan 2020 I would be very happy for thisapplication to succeed. Too many performance venues haveclosed in recent years. London is and should continue to be,a creative exciting place to live with live arts. The location ofthis venue is perfect. Being closer to the Rail Station it isalready in a noisy location that will not impact greatly in anyway with local residents. Being close to a local taxi businessit should result in benefits to late night cab drivers too.

59

■



Comments were submitted at 10:31 PM on 16 Jan 2020 from Mr Paul Cassidy.





Customer DetailsName: Mr Paul Cassidy

Email:

Address: Christchurch Road, London SW2 3DQ



Reasonsforcomment:


Comments: 10:31 PM on 16 Jan 2020 I welcome this proposal andsupport this application. The property has stood empty fortoo long and it will be a good hub for the area.

60

-



Comments were submitted at 7:56 AM on 17 Jan 2020 from Ms Teresa Donoghue.





Customer DetailsName: Ms Teresa Donoghue

Email:

Address: Hexham Road, London SE27 9EF



Reasonsforcomment:


Comments: 7:56 AM on 17 Jan 2020 I am fully in support of theapplication to bring this established public house back intouse.

61

■



Comments were submitted at 1:36 PM on 17 Jan 2020 from Ms Alison Moody.





Customer DetailsName: Ms Alison Moody

Email:

Address: Gipsy Road, London SE27 9TF



Reasonsforcomment:


Comments: 1:36 PM on 17 Jan 2020 As a local resident, I support thisapplication for a licence at the White Hart. I think Tulse Hillneeds it's third pub back, and this will be valuable to thecommunity. The premises have been vacant for years, justcausing an eyesore in a prominent part of the centre ofTulse Hill.

62

I



Comments were submitted at 1:07 PM on 28 Jan 2020 from Mr Adam Gray.





Customer DetailsName: Mr Adam Gray

Email:

Address: Abbots Park, London SW2 3QD



Reasonsforcomment:


Comments: 1:07 PM on 28 Jan 2020 Will be another great addition tothe tulse hill area and should hopefully assist to reducecrime with one less derelict building bringIng down thewhole area.

I would make it conditional on regenerating the beautifulVictorian exterior of the pub.

63

I

From: Timothy Whitaker < Sent: Saturday, January 25, 2020 1:33:52 PM To: Clement Ogbonnaya < Subject: Support for Clement Ogbonnaya and the White Horse public House, Tulsa Hill

TO WHOM IT MAY CONCERN This is to express my support for Clement’s purchase of the White Horse in Tulse Hill. I have known Clem for three years starting when he was in the same National Childbirth Trust group as we were in. I’ve been very impressed with the success of his first pub - The Prince of Peckham - a venture characterised by considerable foresight and business acumen with an innovative approach to customer needs, but most importantly creating a valuable responsible asset for the local community. Clem’s insight, enthusiasm, energy and commitment is valuable in starting a new business and I’m confident that this approach will benefit the White Horse in Tulse Hill, but most of all benefit the local community and he has my full support.

Thanks

Tim Whitaker SW16 1LA

64

mailto:[email protected]


28.02.2020

Dear Sir/Madam,

I am writing to support the application by Clement Ogbonnaya for a license connected to the proposed new venue Queen of the South in Tulse Hill.

Clement has been running the Prince of Peckham for almost 3 years now and the venue has brought a huge amount to the area in that short space of time.

As well as being a lovely place to have a drink or grab some food, Prince of Peckham puts on many regular events such as live music and quiz nights.

It’s loved by a very diverse bunch of locals and also brings in a lot of new people to the area. It’s a really special venue as it attracts a mix of people of all ages, backgrounds and colour.

Clement himself was recently nominated for an Imbibe award and has turned around a venue that had sadly failed 3 times in recent years before he took over. This was no mean feat and he surprised a lot of people with the spectacular turnaround of that building.

I’m sure he can replicate all of the above at the new venue in Tulse Hill and all of us at Peculiar Publications strongly support him in his future endeavours.

Yours faithfully,

Mark McGinlay

Peculiar Publications Limited publishes three local newspapers in south–east London: The Peckham Peculiar, The Dulwich Diverter and The Lewisham Ledger.

Registered in England and Wales. Company number 11450077. VAT number 304968389. Registered office: 22 Union Street, Newton Abbot, Devon, TQ12 2JS.

65

0 P~CULIA~

PUBLICATIONS LTD

Friday 28th February 2020

To the London Borough of Lambeth,

RE: Letter of support for Queen of the South.

We are writing this letter to express our unequivocal support for the pending decision to the opening of Queen Of The South, an aspirational local pub which is a cultural necessity for Tulse Hill.

As the CEO’s of The Columbo Group, managing several of Londons best music venues and nightlife institutions, we recognise how important it is to have a dedicated music space. Two of our venues now open for over 5 years, The Blues Kitchen and Phonox, are located in neighbouring Brixton, and we fully support adding a venue to a scene that is unearthing diamonds and supporting young emerging talent.

We are proud to support the Oueen of the South, and look forward to a successful opening.

Sincerely,

Steve Ball and Riz Shaikh CEO’s of The Columbo Group

66

1 Surrey Street, London WC2R 2ND

ƒ

David Musrie , Chestnut House, Barston Road, SE27 9HD

28th January 2020

To Whom it may concern,

I am writing to express my support for Clement Ogbonnaya and his plans for the existing site of The White Hart in Tulse Hill. I am a friend of Clement, met through our daughters who are the same age and we and live very near this new potential site.

I work within the design industry and having designed various hospitality venues around London, I am really excited to see what Clement will do with this special venue that is at the heart of our community. `Clement's charisma and his business sense, aptitude for hospitality and ability to rejuvenate a space is exactly what is needed and we look forward to supporting him any way we can in realising his vision for the space.

Yours sincerely

David Musrie

www.davidchipperfield.com

Directors: David Chipperfield, Billy Prendergast

David Chipperfield Architects Limited Registered in England and Wales number 3899734

67

Dropout Group Ltd

3rd Floor

London

WC2E 9HP

When I was made aware of the plan to create a new pub in such a great area, there was obviously much excitement. However upon hearing more details on this initiative, excitement transitioned to inspiration, as this is something that will be invaluable to both the local community and all areas associated. With such a lack of venues that support young creatives and leverage their talents, to see what is being planned for this new venture is incredible.

After the success of Prince Of Peckham it would have been easy to expand into areas that are more accustomed to such an establishment. However this is an opportunity to build legacy within a community that will benefit immensely. There is so much incredible talent coming from South London, we should be able to celebrate it within South London.

Tulse Hill is an area that so many must pass through to get to their destinations. It feels like an inevitability that it will become the nexus for talent on the ascent and young Londoners who would like to have a great time, without needing to head into Central London. Queen Of South has the potential to become an institution that we can all be proud of.

Obi Oburota

MD @ Dropout Group LTD

68

V b110P. DDT

Landowne Hill London

SE27 0LP

02/02/2020

To whom it may concern,

I am writing this in support of Clement Ogbonnaya and his plight to reopen an iconic public house in the Tulse Hill area.

I have known Clement since 2017 due to frequently attending his public house in Peckham. I have always found him to be kind, welcoming and dynamic and I believe this to be the reason that the Prince of Peckham is so popular and successful. It draws a diverse crowd and everyone is made to feel comfortable to enjoy good music whilst socialising with friends old and new. I love the fact that he has created a space that welcomes everyone, including those that may have felt excluded or uncomfortable in more traditional establishments.

I am wholly in support of Clement opening a venue in the Tulse Hill area and I am glad that such an beautiful building will be bought back to life, providing a space for local people to come together. I am also very excited for such a place to be opening my doorstop without having to travel to other areas of London. I have no no doubt that Clement and his team will truly make this a success.

Many thanks,

Helena Atkins

69

Cllr Johnson Situ Labour Member for Peckham Ward

Date: 05 March 2020

To whom it may concern

Prince of Peckham

I am writing in my capacity as a local councillor within Peckham and commenting on management of the Prince of Peckham, a pub serving the ward I represent. I have found the space to be managed well; I have not had any issues reported to me on the operations of the pub.

In addition to being an effective operation, the pub has opened its doors to the local community, hosting a number of community events in its additional rooms. I know the pub has hired locally and worked with neighbouring organisations to attract further improvements into the area.

I hope my reference on the operation and management of Prince of Peckham, can be taken into consideration.

Yours sincerely

Cllr Johnson Situ Labour Member for Peckham Ward

70

c5o"fhwof'K ~

southwark.gov.uk

Southwark Council, PO BOX 64529, London SE1 P SLX • southwark.gov.uk • facebook.com/southwarkcouncil • twitter.corn/lb_southwark

IdiotSavantLtdWenlockRoad

N17GULondon

DATE:28/02/2020

Dear Sir / Madam,

I write to you in support of Clement Ogbonnaya’s Queen of the South.

Having worked with Clement for many years organising public live events and bespoke private events for and attended by famous musicians in his current pub, I know his new venture Queen of the South will provide precisely what the community needs: a cultural space that will nurture young, talented musical artists & build a community.

I grew up and live on Rosendale Road, five minutes walk from the proposed site. As a child I went to Noah’s Ark nursery; as an adult my local pub is the railway. I have worked all my life in live events and Artist management, starting with my own 16th birthday party in Brixton to now owning two music festivals & routing tours for many of the biggest Artists in the world.

I have seen first hand how aspirational venues with a community driven focus such as the Queen of the South are a vital part of nurturing not just a local culture of arts but also national and international culture. Brit award-winning Artists such as Dave & Stormzy - musicians from south London that I personally hosted at my first open mic night when I was 18 and latterly booked for large-scale events - are now internationally renowned.

Over the past ten years it has been a great shame to witness the number of nightlife spaces across all of London's 33 local authorities decreasing by nearly 50% (Mayor's office statistic). Contrary to the trend, Brixton & Peckham have both seen a fantastic blossoming of nightlife culture with new venues, new pubs and new bars, which has driven local culture, feeding into the expansion of new local restaurants, new events and new artists. Clement was an integral part of this movement when he established his first pub Prince of Peckham, actively engaging the local community to contribute with art and music whilst hosting an amazingly diverse roster of events.

71

IDIOT SAVA~T

As a business owner Clement demonstrates all the qualities of a responsible, hardworking pillar of his community who has unshakeable ethics and morals. Queen of the South will continue the indelible legacy already being created at Prince of Peckham and help to drive local renovation, culture and employment.

Many thanks,

BenjaminCross

72

From: "McArthur, Wesley" > Date: Tuesday, 3 March 2020 at 13:35 To: Clement Ogbonnaya <> Subject: The Prince Of Peckham, 1 Clayton Road, Peckham, London, SE15 5JA.

Dear Clement,

Please note, that we cannot offer ‘references’ as such, but I am happy to provide the

following information which you may disseminate to whomever you choose.

I can confirm that you have been a premises licence holder in the London Borough of Southwark since 26 April 2017 regarding The Prince Of Peckham, 1 Clayton Road, Peckham, London, SE15 5JA.

On 7 June 2017 an induction interview was undertaken with you (by me) where you showed a thorough knowledge of your responsibilities under the LA2003 and also the licensing objectives.

On 28 March 2018, subsequent to an application for a marriage licence, an inspection of the premises was undertaken (with particular emphasis regarding the function room(s) where marriage ceremonies would take place). The premises were found to be of a high standard and marriage licence 862517 was consequently granted.

On 26 October 2018 a full licensing inspection of the premises was undertaken (regarding the premises licence issued in respect of the premises – licence number 857731) and the premises was found to be being operated in full compliance with the premises licence.

On 3 November 2018 an ad-hoc visit to the premises was undertaken and the

premises were found to be being operated compliantly.

During the time that the premises have been in operation the premises has been operated compliantly, has not given rise to any concerns to the Licensing Unit and that you appear to be a highly responsible operator.

Regards,

Wesley McArthur Principal Enforcement Officer London Borough of Southwark E-mail: General: [email protected]: Fax: 020 7525 5705Address: Licensing, Health & Safety, Hub 1, 3rd Floor, 160 Tooley Street, SE1 2QH

73





https://protect-eu.mimecast.com/s/uIz5CBrqH7n7gYCjim9Q

5 March 2020

Reference for: Clement Ogbonnaya, Founder of Prince of Peckham

I am the Executive Director of Mountview Drama School responsible for building a new

facility for the school and relocating the organisation in Peckham from its existing

premises in Harringey.

I met Clem as part of the public consultation phase of the development of our new

building which is a new facility offering vocational training in the performing arts. The

institution is 75 years old this year and I have been Joint CEO for 7 years.

From the start it was clear Clem was a significant player in the area. Clem himself is an

energetic and friendly person and makes everyone feel welcome. But he is also an astute

and experienced businessman.

He runs the pub efficiently and intelligently, utilising the day and evening hours to offer

family friendly dance classes in the upstairs space in the daytime, hosts private parties,

including hosting our student’s union fresher’s week bash on weekday evenings and

holds fun activities such as quizzes in the bar on weekday evenings. He offers a screen

for the big matches which always draws a lively crowd, and he promotes new and

upcoming talent whose DJ’ing brings in a late-night crowd on a Friday and Saturday

night.

His management of the venue is impeccable and his staff are well drilled in hosting and

containing the people that come for a drink, to eat or to enjoy the entertainment.

He has badged security whom he employs to manage the late night entertainment and

manages to deliver popular events in a highly residential area without complaint. He also

has a great kitchen offer, which appeals to all tastes and also caters for large parties and

groups.

The pub itself is part of the fabric of the area and that is due to its unique ability to

appeal to the broadest range of people, a too rare quality.

I became a resident in Peckham in 2016 in order to be on the ground to deliver the

Mountview building. My relationship with Clem developed instantly into a friendship

74MOUNTVIEW

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COLLEGE LONOON

er:::°'\C" R:OW.TIONC#' 1 l..)l) OOAMA 50-00.5

120 Peckham Hill Street, London SE15 SJT

020 8881 2201 · mountview.org.uk

AMTC

President Dame Judi Dench CH DBE Principal & Artistic Director Stephen Jameson Executive Director Sarah Preece Chairman Vikki Heywood CBE Board of Directors Sir Brendan Barber Lady Susan Chinn Laura Gander-Howe Trevor Jackson

Benjamin Lafayette Andrew Parker Andre Ptaszynski John Reiss Cllr Johnson Situ Giles Terera Vincent Wang Artistic Associates Maria Aberg Annabel Arden Paul Arditti Neil Austin Alecky Blythe Paul Clay Aletta Colins Lindsey Coulson

Brian Cox CBE Martin Duncan David Edelstein Philip Engleheart Alasdair Flint Howard Goodall CBE Rob Halliday Douglas Henshall Amanda Holden

Terry Johnson Akram Khan MBE Kwame Kwei-Armah OBE

Leigh Lawson Dame Twiggy Lawson Eddie Marsan

Elaine Paige OBE Michael Pennington Tom Piper MBE lndhu Rubasingham MBE Liam Steel Ken Stott

Sarah Travis Roy Williams OBE Anton Woodward OBE

due to his charismatic, warm and genuine character. I visit the pub as a local sometimes

for a drink, sometimes for a meal, and sometimes for events. Everyone knows the PofP -

it is an exceptional venue, incredibly loved by local people, it is well run, friendly and the

place to be, and I am proud to have it as my local.

I full heartedly support the application for the Prince of Peckham in Tulse Hill.

They are lucky indeed.

Sarah Preece

Executive Director

75MOUNTVIEW

{ E \ Universityof 1.. East Angila ~INllY

COLLEGE LONOON

er:::°'\C" R:OW.TIONC#' 1 l..)l) OOAMA 50-00.5

120 Peckham Hill Street, London SE15 SJT

020 8881 2201 · mountview.org.uk

AMTC

President Dame Judi Dench CH DBE Principal & Artistic Director Stephen Jameson Executive Director Sarah Preece Chairman Vikki Heywood CBE Board of Directors Sir Brendan Barber Lady Susan Chinn Laura Gander-Howe Trevor Jackson

Benjamin Lafayette Andrew Parker Andre Ptaszynski John Reiss Cllr Johnson Situ Giles Terera Vincent Wang Artistic Associates Maria Aberg Annabel Arden Paul Arditti Neil Austin Alecky Blythe Paul Clay Aletta Colins Lindsey Coulson

Brian Cox CBE Martin Duncan David Edelstein Philip Engleheart Alasdair Flint Howard Goodall CBE Rob Halliday Douglas Henshall Amanda Holden

Terry Johnson Akram Khan MBE Kwame Kwei-Armah OBE

Leigh Lawson Dame Twiggy Lawson Eddie Marsan

Elaine Paige OBE Michael Pennington Tom Piper MBE lndhu Rubasingham MBE Liam Steel Ken Stott

Sarah Travis Roy Williams OBE Anton Woodward OBE

Pecan | 1Peckham High Street, London, SE15 5SE | www.pecan.org.uk |

Reg Charity No. 801819

8th March 2020

To whom it may concern,

RE: Clem Ogbonnaya, owner of Prince of Peckham

Pecan is a Peckham based charity, we host the local foodbank, deliver employment

programmes and coordinate Southwark Women’s Hub. These are all project that have a

strong community focus and rely on local businesses as well as grants and individual

donation to ensure that we are able to support people in their times of need.

Clem has been a good supporter of Pecan as a local charity in the vicinity of the Prince of

Peckham. He has organised a number of fundraising events on our behalf and has offered

our team discounted rates for functions. He is always willing to look and see what can be

done when ever we ask.

Clem has a real passion for supporting the community wherever he has a business interests

are based. He understands good synergy between business and community means that

everyone wins.

If you need any further information, please do get in touch.

Yours sincerely

Chris Price

Chief Executive Officer

76

t' ·•1 INVESTORS I Sliver 'l,,._,t IN PEOPLE

Kindness I Belief I Hope

Approved Provider Standard -

European Union European Social Fund


Time Out says 4 out of 5 stars

A laidback boozer in the heart of Peckham.

From the outside, the Prince of Peckham comes across a bit shouty. ‘WELCOME TO PECKHAM’ is written in ginormous, spotlit letters above the entrance, announcing to passers-by that this pub has arrived in London’s trendiest neighbourhood. Inside, things are more understated, a dim chandelier over the bar and a couple of plump sofas just inside the door giving the place a comfortable, lived-in feel that other boozers spend years trying to create.

On a quiet night midweek, it’s a great place to settle in with a couple of pints and a board game. But don’t expect it to be that sleepy all the time: a packed schedule of events including open mic nights, dance classes and disco yoga (yes, really) mean the place gets plenty more lively. It’s all part of the pub’s aim to provide a platform for local creatives to do their thing.

Whatever you’re there for, make sure you arrive with an empty stomach. The kitchen plays host to Street Feast favourites White Men Can’t Jerk, and these guys make the finest chicken wings you’ll probably ever eat. Doused in Red Stripe and buttermilk then finished with an addictive honey-and-chilli glaze, they’re absolutely killer. Save space for a plate of fries too – they come with a generous dusting of jerk salt and mayo that somehow makes them taste like a posh Maccy D’s.

The Prince of Peckham pulls off all this without looking like it’s trying too hard, and that’s probably the most charming thing about it. While other new joints in up-and-coming neighbourhoods can feel a bit forced, this one manages to avoid those pitfalls. If anything’s worth shouting about, it’s that.

https://www.timeout.com/london/bars-and-pubs/prince-of-peckham

77

https://www.timeout.com/london/bars-and-pubs/prince-of-peckham

78

DATE OFFER/EVENT DESCRIPTION01 December 2019

02 December 2019 Mountview Open Mic Open mic night for local performance college

03 December 2019

04 December 2019 Disco Yoga A different kind of Yoga session - done to disco music!

05 December 2019

06 December 2019

07 December 2019

08 December 2019 Tango Learning tango and social dancing session - mostly attended by an older crowd

09 December 2019 Swing Patrol Swing dance classes and then social dancing session

10 December 2019

11 December 2019 Flim Mongers Weekly fIlm night hosted by one of our locals

12 December 2019

13 December 2019

14 December 2019

15 December 2019 Tango

16 December 2019 Swing Patrol

17 December 2019 Big Fat Queer Quiz LGBTQ+ Quiz Night

18 December 2019 Flim Mongers Weekly fIlm night hosted by one of our locals

19 December 2019

20 December 2019

21 December 2019


23 December 2019

24 December 2019

25 December 2019

26 December 2019

27 December 2019

28 December 2019


30 December 2019 Swing Patrol

31 December 2019

01 January 2020 Karaoke Rumble Karaoke night!

02 January 2020

03 January 2020

04 January 2020

05 January 2020 Tango

06 January 2020 Swing Patrol

07 January 2020

08 January 2020 Flim Mongers Weekly fIlm night hosted by one of our locals

Mindful Man Movement Focus group focused on discussing men's mental health

09 January 2020

10 January 2020

11 January 2020



14 January 2020

15 January 2020 Mindful Man Movement Focus group focused on discussing men's mental health

16 January 2020

17 January 2020

18 January 2020

79



21 January 2020

22 January 2020 Mindful Man Movement Focus group focused on discussing men's mental health

23 January 2020

24 January 2020

25 January 2020


Karaoke Rumble Karaoke night!


28 January 2020

29 January 2020 Easycome Live Acoustic Session Local bands coming together to showcase new material

30 January 2020

31 January 2020

01 February 2020

02 February 2020 Tango

03 February 2020 Swing Patrol

04 February 2020 Sweet Spice Wine Tasting Wine tasting focusing on wine made by POC and women

05 February 2020 Easycome Live Acoustic Session Local bands coming together to showcase new material

06 February 2020

07 February 2020

08 February 2020



11 February 2020

12 February 2020 Afro Speed Dating Trying to destigmatise and encourage dating wthin afro-carribean communities

13 February 2020 Let Them Eat Cake (Cabaret/Variety show) Variety show hosted by drag queen ROSE XO - LGBTQ friendly evening

14 February 2020

15 February 2020



18 February 2020

19 February 2020

20 February 2020

21 February 2020

22 February 2020


Karaoke Rumble Karaoke night!


25 February 2020

26 February 2020

27 February 2020

28 February 2020

29 February 2020

01 March 2020 Tango

02 March 2020 Swing Patrol

03 March 2020

04 March 2020

05 March 2020

06 March 2020

07 March 2020

80

08 March 2020 Season Zine Women's Day Lunch Women's football magazine hosting a lunch to increase interest in womens football

Tango


10 March 2020 Sweet Spice Wine Tasting Wine tasting focusing on wine made by POC and women

11 March 2020

12 March 2020

13 March 2020

14 March 2020

15 March 2020 Tango


17 March 2020

18 March 2020

19 March 2020 Let Them Eat Cake (Cabaret/Variety show) Variety show hosted by drag queen ROSE XO - LGBTQ friendly evening

20 March 2020

21 March 2020

22 March 2020 Tango


24 March 2020

25 March 2020 Kara-u-oke-hun? LAUNCH New weekly karaoke night hosted by drag queen ROSE XO - a night of karaoke and other games

26 March 2020

27 March 2020

28 March 2020 Umu Olokoro Book Drive Local charity collection for people to bring their old books to donate

29 March 2020 Tango


31 March 2020

01 April 2020 Kara-u-oke-hun? New weekly karaoke night hosted by drag queen ROSE XO - a night of karaoke and other games

02 April 2020 Visual Fruit Young film makers show casing new films + space to get feedback

03 April 2020

04 April 2020

05 April 2020 NBZ Acoustic Brunch Brunch party with live music from upcoming London bands

Tango

06 April 2020 Swing Patrol

07 April 2020 Sweet Spice Wine Tasting Wine tasting focusing on wine made by POC and women


09 April 2020

10 April 2020

11 April 2020

12 April 2020 Tango

13 April 2020 Swing Patrol

14 April 2020


16 April 2020 Let Them Eat Cake (Cabaret/Variety show) Variety show hosted by drag queen ROSE XO - LGBTQ friendly evening

17 April 2020

18 April 2020

19 April 2020 "Trusted Black Girl" Brunch Collective (TBC) A collective meeting over brunch to discuss feminism in the context of race and intersectionality

20 April 2020

21 April 2020 OnBeat Life Drawing (TBC) Life drawing class focusing on (but not exclusive to) bodies of POC


23 April 2020

24 April 2020

25 April 2020

81

26 April 2020 Stories in the Dark

27 April 2020

28 April 2020


30 April 2020 Jazz Night (TBC) An open mic night hosted by one of our locals

82

83

13:03

< CLEM FACE

Posts

-~ clemface •

Liam Gallagher 0 @liamgallagher

•• 4G • ,

Big shout out to the prince of Peckham clement ogbonnawa your bringing to the people as you were LG x 10:38 pm · 27 Sep 1 8

140 Retweets 1,866 Likes

1QUEEN OF THE SOUTH

# iNV. # QTY UNIT COST TOTAL SUPPLIER NOTES

1 £9,000.00 £9,000.001 £1,200.00 £1,200.001 £3,000.00 £3,000.001 £3,000.00 £3,000.00

1 £22,500.00 £22,500.001 £22,500.00 £22,500.00

1 £10,000.00 £10,000.001 £12,463.00 £12,463.001 £7,543.00 £7,543.001 £5,500.00 £5,500.00

1 £6,000.00 £6,000.001 £2,000.00 £2,000.001 £5,500.00 £5,500.00

£110,206.00 £110,206.00

1 £117,368.00 £117,368.001 £22,440.00 £22,440.00

1 £54,000.00 £54,000.001 £6,384.00 £6,384.001 £6,000.00 £6,000.001 £450.00 £450.00

1 £8,376.00 £8,376.00

1 £16,000.00 £16,000.00 ***

1 £25,000.00 £25,000.001 £1,250.00 £1,250.00

£257,268.00 £257,268.00

3 £269.00 £807.00£0.00 £0.00

1 £2,557.62 £2,557.621 £12,000.00 £12,000.001 £250.00 £250.001 £250.00 £250.001 £6,500.00 £6,500.001 £20.00 £20.001 £40.00 £40.00

3 £269.00 £807.001 £40.00 £40.00

£0.00 £0.00£0.00 £0.00

3 £269.00 £807.001 £350.00 £350.001 £331.19 £331.191 £59.99 £59.99

£23,205.80 £24,819.80

20 £3.12 £62.408 £2.93 £23.448 £3.19 £25.528 £4.88 £39.048 £3.32 £26.568 £0.65 £5.208 £8.00 £64.008 £1.30 £10.408 £0.75 £6.008 £1.01 £8.088 £1.30 £10.408 £3.37 £26.96

125 £0.75 £93.758 £1.70 £13.603 £23.17 £69.516 £1.50 £9.00

10 £1.32 £13.2010 £1.26 £12.6010 £8.19 £81.9018 £2.25 £40.502 £24.99 £49.982 £3.37 £6.74

14 £4.95 £69.306 £5.20 £31.206 £2.60 £15.602 £4.51 £9.025 £2.96 £14.806 £16.85 £101.101 £48.74 £48.746 £19.94 £119.64

48 £0.99 £47.526 £25.74 £154.44

Drip trayCrisp/Snack basketSpeed railTealight holdersBin

Wine bucketJuice pourerWater dispenserMini blackboardBar mat smallBar mat largeBar caddy Chopping boardKnife

StrainerStrainerHand juicer/Mexican elbowSpeed pourersIce scoopShelf linerBottle openerWine bottle sealerChampagne stopper

Jigger125ml measure175ml measure250ml measureCocktail shakerBar bladeFruit dispenser Bar spoonMuddler

Chest freezer large ice machine crushed ice machine

SUBTOTAL (Inc VAT)GROUND FLOOR

MAIN BAR

D&L will instal -need to consider Check if a charge from brewery

Key box Number lock

SPIRIT CAGE / ROOM Shelving racksNumber lock

Post mix system Co2 / Gas system Shelving racks

STORAGE / GENERAL CELLAR

OFFICE 1 INSAFEEurograde 3 Size 5KTill system (this to include cost of tills, set up , install) Money counter SAFESCAN 2250Consumables - Paper, Printer Ink, Stationary

35k rating, this is required for

Fire Alarm System

SUBTOTAL (Inc VAT)CELLAR

COLD ROOM Cellar Cooling system Inculding in quote for AirCon - Pretty Shelving racksSmart / dispense system

PLUMBINGVenue plumbing work Drainage flushing

DUMBWAITERStannah 50B

STAIRCASEStaircare

This is a worst case, if plumbing is This may not be needed if drains are

UK power networks

Includes cellar cooling

This CCTV system & Intruder alarm Includes Hardware

UPS unit

LABOUR / MATERIALSBuilding worksAir con

ELECTRICSFull venue electrics IT

OPERATING CAPITAL

SUBTOTAL (Inc VAT)BUILDING WORKS

LEGAL FEESAgency FeesStamp DutyLegals Fees

DESIGN / ARCHITECT ArchitectInterior DesignerStructural Engineer

Licensing

SEO (6 months)Facebook (6 months)Artwork (menus etc)

RENT3 months deposit3 months in advance

VERSIONPROJECT TITLE

JOB CODE

BUDGET ESTIMATE DESCRIPTION

CONSULTANCY & FEES PRFull Fat PR (6 months)

84

2 £55.68 £111.361 £3.62 £3.621 £3.55 £3.551 £5.64 £5.641 £3.55 £3.55

18 £2.60 £46.8018 £2.60 £46.806 £2.16 £12.962 £5.63 £11.261 £9.99 £9.99

84 £0.30 £25.204000 £0.02 £80.00

6 £0.62 £3.72

£0.005 £40.76 £203.801 £56.00 £56.003 £5.39 £16.172 £33.41 £66.821 £10.99 £10.991 £12.00 £12.00

10 £19.50 £195.002 £1.41 £2.822 £2.49 £4.98

1 £69.95 £69.951 £8.85 £8.851 £24.99 £24.991 £7.45 £7.451 £49.99 £49.991 £14.59 £14.591 £20.96 £20.961 £30.00 £30.001 £6.99 £6.99

£0.00

1 £69.95 £69.951 £8.85 £8.851 £24.99 £24.991 £7.45 £7.451 £49.99 £49.991 £14.59 £14.591 £20.96 £20.961 £30.00 £30.001 £6.99 £6.99

£0.00

2 £2,372.00 £4,744.004 £12.00 £48.005 £409.00 £2,045.002 £529.00 £1,058.005 £725.00 £3,625.00

£0.00 £0.00£5,027.25 £14,230.71

1 £450.00 £450.001 £500.00 £500.001 £0.00 £0.00

1 £300.00 £300.00

8 £69.95 £559.6010 £8.85 £88.508 £24.99 £199.928 £7.45 £59.608 £49.99 £399.928 £14.59 £116.728 £20.96 £167.688 £30.00 £240.008 £6.99 £55.921 £150.00 £150.00

1 £3,129.00 £3,129.002 £1,199.99 £2,399.981 £1,741.99 £1,741.991 £4,773.99 £4,773.991 £507.99 £507.991 £2,200.00 £2,200.002 £899.99 £1,799.981 £273.99 £273.991 £509.30 £509.301 £1,078.99 £1,078.991 £2,479.99 £2,479.991 £1,241.99 £1,241.991 £346.99 £346.991 £246.99 £246.991 £99.99 £99.991 £300.00 £300.002 £119.00 £238.00

£22,783.95 £26,657.02

1 £500.00 £500.001 £17.00 £17.00

1 £300.00 £300.001 £379.99 £379.994 £300.00 £1,200.00

1 £479.99 £479.99

1 £93.99 £93.991 £113.99 £113.99

OFFICE 2Holding Safe Key box

GAMES ROOM American style Fridge Foosball TableArcade game machines

KARAOKE ROOM Karaoke system

BEDROOM 1 BedMattress

BEDROOM 2

Twin Tank FryersSalamaderBun ToasterDrop Oven Pass Through Dishwasher

SUBTOTAL (Inc VAT)SECOND FLOOR

Pass Through Dishwasher SinkPass Through Exit stand Food Prep Sink Handwash SinkVarious ShlevingCounter Table

Sanitary dispenser companies

KITCHEN Walk In Fridge Services Fridges Upright FreezerRational Oven Rational Oven Stand Smoker

ToiletToilet brushLoo roll holderLocks for doorsSinkTapsBinMirrorDiffuser

FIRST FLOOR MUSIC ROOM DJ boothStaging

PRIVATE DINING ROOM Table and chair set

WOMENS TOILETS

ADDITIONALEvolution Range Glasswashers 50726 Evo505WS 500mm baskets inc. water softenerOpen RackHalcyon Black Bottle Coolers - 23204 Double Door Sliding51206A Triple Door BAR3KuKoo Cocktail Bar Station Product Code: 24176

SUBTOTAL (Inc VAT)

Loo roll holderLocks for doorsSinkTapsBinMirrorDiffuserShelving

TapsBinMirrorDiffuserShelving

MENS TOILETS ToiletToilet brush

Planks of woodNo exit sign

DISABLED TOILETS ToiletToilet brushLoo roll holderLocks for doorsSink

MISCELLANEOUSAshtrayHigh chairLarge A-boardServing trayLetter boardsOutdoor signRust spray

No proof of age signCoffee cupsSaucersMilk jugSteamer jugCoffee machine cleanerBottle dust capsStrawsSalt shaker

Recycling bin w/wheelsWeights and measures act signLost property disclaimer signLeave premises quietly sign

85

1 £93.99 £93.991 £113.99 £113.99

1 £219.99 £219.991 £200.00 £200.00

£2,392.94 £3,712.93

1 £329.00 £329.004 £1,959.00 £7,836.002 £799.00 £1,598.002 £1,669.00 £3,338.002 £346.00 £692.002 £295.00 £590.006 £102.00 £612.002 £149.99 £299.981 £175.50 £175.50

16 £12.18 £194.881 £74.98 £74.982 £10.70 £21.401 £26.70 £26.701 £22.00 £22.003 £23.99 £71.972 £4.79 £9.582 139.99 279.982 £2.93 £5.86

£6,142.75 £16,177.83

60 £0.30 £18.0024 £1.19 £28.5624 £1.86 £44.6424 £0.92 £22.0872 £0.77 £55.4472 £1.27 £91.4472 £0.58 £41.7672 £1.03 £74.165 £8.71 £43.55

10 £9.47 £94.70

25 £1.00 £25.0096 £0.55 £52.8096 £0.49 £47.0448 £0.35 £16.8012 £0.33 £3.9648 £1.65 £79.2035 £6.29 £220.15

150 £0.06 £9.0036 £0.83 £29.882 £4.68 £9.363 £8.95 £26.85

£51.28 £1,034.37

1 £20,000.00 £20,000.00

5 £79.95 £399.751 £125.00 £125.002 £11.95 £23.901 £918.00 £918.001 £3,500.00 £3,500.00

£4,634.90 £4,966.65

£431,712.87 £459,073.31£345,370.30 £367,258.65

Shot glassesRocks cocktail glassesTall cocktail glassesCoupe glassesRocks glassesHigh ball glassesChampagne flutes

MicrophoneExtension lead 4mEquipment rackScart adaptor

SUBTOTAL (Inc VAT)GLASSWARE / CROCKERY / ETC

GLASSWARE

10sJLBs (set of 2)AmpSound management systemSpeaker bracketsMonitorWall plateSpeaker cableMicrophone cable

Fridge / freezer SUBTOTAL (Inc VAT)

MUSIC / SOUND EQUIPMENTHARDWAREiPadCDJs1210sDJM900 nexus15s

Decor

TOTAL (Inc.VAT)GRAND TOTAL (EX VAT)

Fire extinguishers set up Foam & CO2 Extinguisher Bundle Deal)Fire risk assessments Fire blanket Logos and designs 99design.comWebsite

SUBTOTAL (Inc VAT)

VasesTealightsMenu clipboardsCutlery trayCream card

SUBTOTAL (Inc VAT)MISCELLANEOUS

ADDITIONAL

Plastic jugs

DININGMenu holderKnivesForksSpoonsTeaspoonsCandles

Wine glassesGlass jugs

BedMattress

ADDITIONALOven

86

Images of Prince of Peckham Interior

After Refurbishment:

87

Images of Prince of Peckham Exterior

Before Refurbishment:

After Refurbishment:

88

Image of Current White Hart Exterior89

Jerk Organic Pork Belly - £16Served with rice and peas, mustard coleslaw, jerk sauce and pineapple & scotch bonnet jam.

Jerk Lamb - £15 Served with rice and peas, mustard coleslaw, jerk sauce and pineapple & scotch bonnet jam.

Fried Chicken Supreme - £13Served with buttery mash, chicken gravy, corn on the cob and matchstick potatoes.

90

···························· ............................. >WHITE MEN CANT JERK< ............................ .............................

Please ask staff for information about ingredients and allergens. If you suffer from any allergies, we will be happy to help you with your choice.

V= Vegetarian VE= Vegan GF = Gluten free

JERK CHICKEN BUN - £13A toasted brioche bun stuffed with our signature jerk chicken, coleslaw, salad, jerk sauce and spiced mayo.

Served with a side of spiced fries.

FRIED CHICKEN BUN - £12.50A toasted brioche bun stuffed with a buttermilk fried

chicken, American cheese, pickles, iceberg lettuce, buffalo sauce and black pepper mayo. Served with a side

of spiced fries.

JERK CHICKEN MEAL – £13 .50 (GF)Our signature jerk chicken smoked over wood and served with rice & peas, coleslaw, pineapple & scotch bonnet jam

and jerk sauce.

SNACKS

SIDES

BUNS & FRIES

BIG PLATES

JERK FRIES – £4 (V)Crunchy fries dusted with our WMCJ spice mix and served

with spiced mayo.

JERK HALLOUMI BUN - £12 (V)A toasted brioche bun stuffed with jerk halloumi,

roasted peppers, coleslaw, salad, jerk sauce and spiced mayo. Served with a side of spiced fries.

SOUTHERN CAULIFLOWER BUN - £11.50 (VE)A toasted beetroot bun, spiced southern fried

cauliflower steak, plantain chips, cumin and lime slaw, ackee mayonnaise and pepper sauce. Served

with a side of spiced fries.

JERK HALLOUMI MEAL – £12 (V) (GF)Jerk halloumi and roasted peppers served with rice &

peas, coleslaw, pineapple & scotch bonnet jam and jerk sauce.

MAC N CHILLI CHEESE – £6 (V)Macaroni in a four-cheese sauce with a hint of chilli and a

breadcrumb topping.

PLEASE ORDER AT THE BAR

Gluten-free buns available - £1

Slow smoked ribs in a honey rum BBQ sauce.

PATTY PARTY - £6A trio of mini patties. Choose from shrimp and lobster,

mutton or vegetable.

WING TING 3/6/9 PIECES - £6.50/£11/£15 (GF)Our infamous chicken wings. Dipped in buttermilk and given a crispy coating before being dunked in a honey

and chilli glaze.

CHICKEN STRIPS - £6.50 (GF)Buttermilk fried chicken strips served with scotch bonnet

mayo.

.

FRIED SHRIMP - £7.50Crispy coated jumbo shrimp served with scotch

bonnet mayo.

CAULIFLOWER POPPERS - £5 (VE)Served with vegan scotch bonnet mayo.

CURRY GOAT CROQUETTES - £7A trio of crunchy coated curry goat parcels served

with curry mayo

CHICKEN & CHIPS - £8 (GF)Jerk fries topped with jerk chicken and jerk

mayo.

SWEET & STICKY RIBS – £7

91

>WHITE MEN CAN'T JERK< ......... ............. ......

Please ask staff for information about ingredients and allergens. If you suffer from any allergies, we will be happy to help you with your choice.

V= Vegetarian VE= Vegan GF = Gluten free

TEA & COFFEE

Americano - £2Latte/Cappuccino - £2.20

Yorkshire Tea - £2

Liqueurs and Irish coffees available, including Tia Maria, Jamesons, Courvoisier and more.

DESSERTS

DAVE’S DOUBLE CHOC BROWNIE - £6A large slab or warm dark chocolate brownie with white chocolate chips. Served with

vanilla ice-cream.

BROWNIE SUNDAE - £6A treat for kids and grown-ups alike! Warm brownie pieces, chocolate and vanilla cream,

chocolate sauce, chopped nuts and lashings of whipped cream.

HAZELNUT DELICE - £6 (VE)A rich indulgent slice of chocolate and nutty goodness on a biscuit base and served

with vegan vanilla ice-cream.

VANILLA ICE-CREAM - £3

92............................ >WHITE MEN CANT JERK < ............................

93

House of Commons

Digital, Culture, Media and Sport Committee

Live music

Ninth Report of Session 2017-19

Report together with formal minutes relating to the report

Ordered by the House of Commons to be printed 6 March 2019

HC 733 Published on 19 March 2019

by authority of the House of Commons

94

The Digital, Culture, Media and Sport Committee

The Digital, Culture, Media and Sport Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Department for Digital, Culture, Media and Sport and its associated public bodies.

Current membership

Damian Collins MP (Conservative, Folkestone and Hythe) (Chair)

Clive Efford MP (Labour, Eltham)

Julie Elliott MP (Labour, Sunderland Central)

Paul Farrelly MP (Labour, Newcastle-under-Lyme)

Simon Hart MP (Conservative, Carmarthen West and South Pembrokeshire)

Julian Knight MP (Conservative, Solihull)

Ian C Lucas MP (Labour, Wrexham)

Brendan O'Hara MP (Scottish National Party, Argyll and Bute)

Rebecca Paw MP {Conservative, Taunton Deane)

Jo Stevens MP (Labour, Cardiff Central)

Giles Watling MP (Conservative, Clacton)

Powers

The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the internet via www.parliament.uk.

Publication

© Parliamentary Copyright House of Commons 2019. This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/copyright.

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Contents Summary

Introduction

1 The live music success story

The benefits of live music

The uneven distribution of live music's benefits

Regional disparities

Distribution of income

Competition in the music industry

Case study: UK grime

2 Problems in the ticketing market

The live music ticketing market

Arguments for and against a secondary market

Developments in the ticketing market

Enforcement of consumer law

The Breaching of Limits on Ticket Sales Regulations 2018

Industry solutions to ticket touting

Google's role in the ticketing market

3 Challenges facing music venues

The impact of music venue closures

The difficulties experienced by existing venues

Business rates

Licensing and planning pressures

Stagnating income and poor infrastructure

Strategies to support music venues

Diversified business models

Parity in policy and funding

4 Threats to the talent pipeline

Live music 1

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Music education 34

The music curriculum 35

The impact of the EBacc 36

The work of Music Education Hubs 37

Sustainable income streams 38

Accessing employment opportunities after Britain leaves the European Union 40

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Appendix 1: Visits in support of the inquiry

Conclusions and recommendations

Formal minutes

Witnesses

Published written evidence

List of Reports from the Committee during the current Parliament

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97Live music 3

Summary Live music makes a significant contribution to the UK's economy and cultural life, attracting tourists from around the world, employing thousands in delivering live events, supporting hospitality and infrastructure supply chains and, perhaps most importantly, inspiring and entertaining music lovers around the country. However, there are concerns about the sustainability of the industry and the uneven distribution of its benefits both around the country and among those who work in it.

For consumers, ticket touting remains one of the most prominent concerns: there is still a need for urgent measures to address this part of the market. There has been significant progress by enforcement agencies in bringing secondary resale platforms into line with consumer law, and changes within the industry itself to limit the resale of tickets for profit; however, the conduct of viagogo, in particular, has caused distress for too many music fans for too long.

While the image of music being a glamorous industry might be true for a minority of artists, the experiences of those working at the grassroots level tell a different story entirely. In the past decade the UK has seen nationwide closures of music venues, and the sites that remain face a struggle to stay open given rising costs and declining revenues. That poses an immediate threat to the development of the next generation of talent and fans. We have also heard how prejudices against grime artists risk stifling one of the UK's most exciting musical exports.

Many musicians are also struggling to make a sustainable living from live music. Their ability to tour in Europe, or for European musicians to work in the UK, may be further compromised after Britain leaves the EU. The effects of any such development are likely to be felt most acutely by those from poorer socioeconomic backgrounds, a demographic that we are concerned is also being unduly affected by the Government's policies for music education.

Historically, the buoyancy of the UK's music sector as a whole has enabled it to remain at a distance from public subsidy; however, in the light of all these challenges the Government needs to play a greater role in supporting and incentivising the industry to support the grassroots in order to secure the UK's live music heritage into the future. Likewise, a thorough post-legislative review of the Live Music Act 2012 should help the Government to identify where regulations can be further scaled back to the benefit of music venues.

984 Live music

Introduction L In 2017, 29.1 million people attended concerts and festivals in the UK, a c.17% increase on the previous year. 1 Moreover, the live music industry generated almost £1 billion Gross Value Added (GVA) for the UK economy and employed more than 28,000 people. 2 The UK is home to festivals with six-figure attendances, such as Glastonbury; networks of smaller venues in cities such as Glasgow and Sheffield; and the record-breaking artist behind 2018's highest-grossing tour-Ed Sheeran.3 However, the industry faces challenges that could undermine those levels of success in the future. They include ongoing controversy surrounding ticket resale platforms; music venue closures; the uncertainty of Britain's future relationship with the EU; and threats to the talent pipeline caused by changes to music education and funding for musicians. It was in this context that we launched our inquiry into the economic, cultural and social benefits oflive music in January 2018.

2. 'Live music' encompasses many different genres, performance spaces and audiences. At points our inquiry has focused on specific parts of the sector, such as the challenges facing unsubsidised, small and medium-scale venues that predominantly host contemporary music; however, other aspects of the inquiry, such as the importance of music education or the potential impact of Brexit on musicians' ability to tour, apply across the industry and could be as relevant to a solo singer-songwriter as they are to a symphony orchestra.

3. This inquiry has built on our predecessor Committees' work into 'Ticket Abuse' in 2016-17, which was unfinished owing to the 2017 general election, and 'Ticket Touting' in 2007. It also followed our inquiry into the 'Impact of Brexit on UK creative industries, tourism and the Single Digital Market', which we concluded in January 2018. This inquiry sought to examine what had changed since the earlier inquiries, as well as taking a more holistic look at the live music sector.

4. We received more than 80 submissions of written evidence, almost two-thirds of which addressed the subject of ticket abuse, and took oral evidence from artists, promoters, venue operators and industry bodies all of whom encounter these issues in their work. We supplemented that evidence with visits to the Royal Albert Hall and the Royal Opera House, where we heard about the challenges of running internationally renowned venues. During the inquiry we visited the Sunderland Empire theatre and the city's Music, Arts and Culture Quarter, where we heard about plans for a new performance hub. We thank all those who contributed to the inquiry for sharing their expertise and dedication with us.

5. We also considered the oral evidence given to the unfinished inquiry into 'Ticket Abuse'. In November 2016 and March 2017, our predecessor Committee heard from about the scale of the problem associated with ticket touting and secondary selling. We thank all those who gave evidence to that inquiry for clearly communicating the detrimental impact of the secondary ticketing market on consumers, artists and the industry. We would also like to thank our parliamentary colleagues, Sharon Hodgson MP, Nigel Adams MP, and the members of the All-Party Parliamentary Group on Ticket Abuse for their longstanding campaigning on this important issue.

1 UK Music, UK LIVE MUSIC ATTENDANCE AND MUSIC TOURISM IN 2017, {October 2018), p 5

2 UK Music, Measuring Music 2018, (1 November 2018), p 8-9

3 "Year End Special Features: Top Tours, Ticket Sales Charts, Industry Pros Weigh In On 2018", Pollstar, (17

December 2018)

99Live music 5

6. Given the centrality of the secondary ticket market to our inquiry and previous work, we were frustrated that viagogo yet again proved unwilling to engage meaningfully with Parliament. 4 Having refused to give oral evidence to the 2016-17 inquiry, viagogo then withdrew at short notice from our September 2018 evidence session. The company cited ongoing legal action as its reason not to appear; however, we advised that this did not invoke the House's sub judice resolution as the case was not before the courts at that time, and therefore there was no barrier to a representative of the company giving oral evidence. We believe that the company's repeated refusals to answer our questions demonstrates its disdain to not only the legislative process but, more importantly, its customers-many of whom wrote to us expressing anger at the business practices they had experienced, as we will explore in more detail in Chapter 2.

4 This report uses viagogo's own lowercase formatting for references to the company's name, except when

quoting diredly from evidence or campaign groups that have styled the word differently.

1006 Live music

1 The live music success story 'Let us not forget our amazing rich history and legacy in music, but we have our Adeles, our Stormzys and our Ed Sheerans and then there is an enormous

gap.' (Jane Beese, The Roundhouse)

The benefits of live music

7. Live music is at the heart of the UK's thriving music scene, accounting for almost one quarter of the music industry's £4.5 billion contribution to the UK economy. 5 The Association of Independent Festivals identifies that through supporting local landowners, suppliers and facilities:

a 5,000 capacity festival can generate approximately £800,000 in net gain to the local area, while a 110,000 capacity festival can generate £18 million for the local area. 6

While such income is significant for the rural economy, live music also contributes to the 'night-time economy' in urban areas.7 The Music Venue Trust told us that "for every £10 spent on a ticket in a grassroots music venue, £17 is spent elsewhere in the night-time economy."8

8. Gigs and festivals are an increasingly significant source of revenue for musicians, and support the careers of the thousands of engineers, touring crew and promoters who work behind the scenes. The UK's first live music census, published in February 2018, identified that live music forms a greater proportion of consumer spend than recorded music does, and that on average live performances account for 49% of professional musicians' income-compared to just 3% from recording.9 This was echoed by rapper ShaoDow, who told us that as online streaming brings in less money for musicians, live performances and related activities such as selling merchandise are increasingly significant:

Without it, if we are taking a hit on the musical, physical side of things and then live as well, it is going to get to a point where musicians simply cannot afford to live and create and I think that is a crying shame.10

9. Live music is a key driver of tourism to the UK. The Department for Digital, Culture, Media and Sport informed us that:

According to the International Passenger Survey in 2016, 1.9m international visits to the UK were made with the intention of attending a live music event and 1.3m visitors came to the UK intending to attend a festival. For the same period, visitors attending live music events spent £1.7bn and those attending a festival spent £1.2bn. 11

5 UK Music, Measuring Music 2018, (1 November 2018), p 8

6 Association of Independent festivals (LMU 0042)

7 The 'night-time ernnomy' has long been understood as the work of bars, dubs, pubs and restaurants, as well as

other sectors that operate beyond standard working hours such as transportation and security.

8 0253 [Mark Davyd]

9 Live Music Exchange (LMU 0067)

10 0230

11 Department for Digital, Culture, Media and Sport (LMU 0055)

101Live music 7

The UK's musical tradition attracts fans from all over the world. Jeff Horton, owner of the 100 Club on London's Oxford Street, credits the attraction of heritage as part of his venue's enduring appeal:

The place of history and heritage in art and music is very important and part of London's fabric, and I think that if you speak to most people who visit London, and if you ask them the first thought that goes into their head about the UK, they will almost certainly say music. It is what we do and we are still brilliant at it 12

10. In addition to the economic benefits, it is important to acknowledge the social and cultural value that live music offers. The Mayor of London highlighted that live music "has the power to bring people closer together and transform communities."13 As an inherently social activity, live music offers unique benefits, especially for young people for whom venues can be safe and accessible environments that still offer the buzz of discovering something new. In this way, live music offers a social alternative in the digital age. As Ben Lovett of the band Mumford & Sons told us:

Streaming services have algorithms that create playlists of artists, and they think they know you better than you know yourself. Sometimes they have a good guess but we cannot have our culture curated by robots. We have to be curated by people who really know what they are talking about, not tech companies but music companies and venues that are run by music fans. 14

The uneven distribution of live musicfs benefits

Regional disparities

11. The benefits of live music are not spread evenly around the country, with significant regional disparities in the spending generated by music tourism. UK Music identified that in 2016:

In the North East only £51 million in spend was generated and in East Midlands it was £194 million. Contrastingly, in London over £1 billion was generated.15

Despite London's dominance as a destination for live music, the capital still has the fewest arenas per person compared to other major cities. Research from the Madison Square Garden Company, which is in the early planning stages for MSG Sphere-a new, largescale, state-of-the-art venue in Stratford, east London-highlighted that with only two arenas, London is home to 4.39 million people per venue compared to an average across comparable cities of 2.47 million people per venue.16 Ben Lovett said that London is "trending down against countries and cities that I think we like to believe we are on a par with", which could impact the capital's position in the long term. l7

12 Q228

13 Mayor of London (LMU 0069)

14 Q241 15 UK Music (LMU 0047)

16 Sound Diplomacy and the Madison Square Garden Company, LONDON'S VENUE MARKET: AN INTERNATIONAL

BENCHMARKING STUDY, (2018), p 17

17 Q230

1028 Live music

12. A dearth of suitable venues in certain parts of the country means that local economies and fans are losing out on the opportunities live music affords. Rapper ShaoDow told us:

There are parts of the country that I would love to perform in where I have a fan base, but that does not have either a small music venue or any form of musical infrastructure [ ... ] That means there is a vast array of people who are into music who are not attending gigs who could be. 18

In discussing the nationwide closures of music venues, which we will explore in more detail in Chapter 3, the Minister for Digital and the Creative Industries, Margot James MP, agreed that "the situation is worse outside of London".19

13. In suggesting strategies to address such disparities, UK Music states "that the devolution of power to Combined Authority structures presents a great opportunity to promote and grow music in cities and regions across the UK". It cites the successes of London's devolved government, which established a 'Music Board' comprised of relevant stakeholders in 2016, and encourages the Government "to consider incentives to develop these initiatives for existing and future devolution deals."20 The London Music Board's achievements have included protecting grassroots venues from further closures, abolishing the Metropolitan Police's controversial risk assessment form 696 and appointing a 'Night Czar' to champion the 'night-time economy'.21

14. A 'Music City'-such as Cardiff or London-is somewhere with a vibrant music economy where there is recognition of, and support for, the benefits of that culture among relevant authorities and stakeholders.22 With nearly one-third of venues telling the UK live music census that they had been negatively affected by parking or loading issues in the previous 12 months, there are small interventions that local authorities can make to address venues' concerns. 23 Ben Lovett also pointed out that in the United States property developers are incentivised to build cultural hubs, including music venues, so that "in the long term, you get the benefit of moving into these towns and you get the benefit of people wanting to spend money in that area."24 We should also highlight the important role that music venues play in towns, so that local councils ensure that they too give more precedence to measures to help them.

Distribution of income

15. Neither is the money generated by live music evenly distributed throughout the music industry. The Musicians' Union told us that although there is a perception of the music industry as a "commercial proposition", the reality for many professional musicians is rather different:

18 Q226 19 Q360 20 UK Music (LMU 0047)

21 Risk assessment form 696 was required from the promoters or organisers of live events as a condition for

licences being granted. The form collected the names, private addresses and phone numbers of all performers.

Originally, it also specified the style of music to be performed and the target audience, including their

ethnicities. The form was felt to contribute to the targeting of particular audiences, and in 2008 our predecessor

Committee heard about ways in which the police and local authorities were felt to be linking live music with

crime and disorder, including terrorism. Use of form 696 was discontinued in November 2017.

22 Music Canada and IFPI, The Mastering of a Music City, (5 June 2015)


24 Q252

103Live music 9

We still think of the recorded music industry being something that is selfsustaining and that rock and pop and other genres like that, which are popular, generate their own income, but we know that the majority of our members make around £20,000 a year from music, so they are definitely not high earners.25

Ben Lovett told us that playing live is a "loss leader" for many artists in the early stages of their careers and that his own venue, Omeara in south London, is run with the music component making a loss. 26 It is clear that passion, rather than profit, motivates many working in live music, as demonstrated by the venue operator of the Fulford Arms, a 150-capacity independent venue in York:

Across the country there are people who support live music and believe that it has a great cultural importance. Although some artists are involved to become rich and famous, many aren't and just want to perform. More importantly there is a community of promoters, engineers and venue owners who are often not financially rewarded for the work they do and are just trying to make events and art happen. In other areas such as theatre, opera and film this is recognised and supported through government and arts council and industry recognition and funding, but this is rarely the case with live music-I love the scene that I work in and have sacrificed a lot to help 800 artists just last year perform but it is often too much and we need support. 27

Competition in the music industry

16. There is considerable 'vertical integration' in the live music market, with single organisations operating festivals, venues, ticketing websites, events promotion and artist management. This gives companies an advantage over smaller promoters or venues, which may have made the initial investment into developing an artist, when negotiating contracts.28 Furthermore, exclusivity clauses that prevent acts from performing at competitors' events give dominant companies an advantage over independent ones. In highlighting that US-owned Live Nation controls 25% of UK festivals with over 5,000 capacity, the Association oflndependent Festivals told us:

25 Q338

For independent festival operators, a Live Nation monopoly would quite simply be a stranglehold with profound and serious consequences. This situation is rapidly developing and the complaint we hear privately from a growing number of AIF members is about the collateral damage caused by the imposition of hugely restrictive exclusivity deals. By their nature, these deals are anti-competitive, restraining when and where even the smallest artist can perform and significantly diminishing the pool of talent that non-Live Nation promoters can draw upon.29

27 Fast Entertainment Ltd TIA The Fulford Arms (LMU 0036)

28 Q340 [Jane Beese]

29 The Association of Independent Festivals (LMU 0042)

10410 Live music

17. Similarly, Tom Gray of the band Gomez told us that the music industry is a "wild west" with competition issues and conflicts of interest that would not be acceptable in "any other industry". 30 He told us that as "the biggest players in the music industry create all the value" they have become "too big to challenge", which has a detrimental impact on musicians' negotiating power:

The major labels were allowed to buy the publishers so they have taken out their own competition on that negotiating table, so if you are songwriter your chances of getting more money as a songwriter for your deal is not there because the people who should be negotiating for you are already owned by the record company, the people who you should be negotiating against. This has been allowed to happen. 31

18. Live music is a valuable and vibrant part of the UK's culture; however, we cannot take its past success for granted, and must safeguard the industry and spread its benefits more evenly. Historically, this may not have been considered a role for central or local government because of the strength and profitability of the UK's music industry; however, there are practical ways in which policymakers and local authorities can support the sector.

19. We recommend the establishment of regional 'Music Boards: comprising representatives from the music industry, policymakers and other relevant stakeholders, to advocate for the live music sector and promote its interests in planning and policy decisions. We ask the Government to support the formation of such bodies through its devolution deals, or the Local Enterprise Partnerships in areas where no combined authorities have been established.

20. We ask the Competition and Markets Authority to consider conducting a market study of the music industry to assess whether competition in the market is working effectively for both consumers and those working in the industry.

Case study: UK grime

21. Grime has been one of Britain's most successful musical exports in recent years. BBC Radio IXtra presenter DJ Target told us that "it is the best time we have had for creatives and musical talent coming out of this country", citing the ability of acts to build a fan base and distribute music independently thanks to the opportunities afforded by social media. However, the success of artists such as Stormzy, Wiley and Bugzy Malone has been mirrored by challenges faced by other artists "wanting to go out and perform live or go around the country and really connect with their fans." 32

22. Although the Metropolitan Police repealed its controversial risk assessment form 696 in late 2017 following concerns that it unfairly targeted urban acts, DJ Target told us that "the issues are still there". 33 For example, ShaoDow and other rappers have had venues cancel gigs at short notice after it became dear what style of music the artists play:

30 Q338

31 Q340

32 Q306 [DJ Target]

33 Q345

105live musk 11

I had a venue cancel on me on the day that I was meant to go there. I was booked for a performance in a club and called them ahead of time to say, "I am on my way", and they said, "Oh, by the way, we were just listening to your music. You make Hip Hop". I said, "Yes", and he said, "Oh, we cannot do that here, we will lose our licence."34

The Roundhouse's Head of Music agreed that urban music "is not being supported by local councils, by licensees. There is still an amount of what I believe to be institutionalised racism, which is hindering that scene rather than allowing it to flourish." 35

23. The relative power imbalance between licensing authorities and smaller venues was cited by DJ Target as a reason why it is hard for venues to question decisions to close events down:

It could be a venue that has been pressured to cancel the event by the police. It could be a local authority that pulls a licence or threatens to pull a licence if you have that event. It is coming from different levels. The small promoter cannot afford to have his licence taken away. The small venue that already is struggling cannot afford to risk it so then they end up saying, "Okay. We do not do those types of nights anymore". 36

A potential solution, suggested by the Musicians' Union, is therefore to give venues the knowledge and confidence both to manage risks and defend their programming if it is questioned by licensing authorities. 37

24. We welcome the abolition of the Metropolitan Police's form 696 following concerns that it unfairly targeted certain artists and audiences, but it is concerning to hear that prejudices against urban acts persist. The Department for Digital, Culture, Media and Sport, the Ministry of Housing, Communities and Local Government and the Home Office should work together to develop guidance for licensing authorities, police forces and music venues on how to collaborate on managing risks to ensure that urban music acts are not unfairly targeted.

34 0253

35 0329

36 0346

37 0351 [Naomi Pohl]

106Uve music 23

3 Challenges facing music venues 'All the best music we have created, all the incredible icons we have created,

have done something that nobody was expecting them to do. There was a

point in their careers[. .. ] where they went to the microphone and there were

three people and a dog, and the dog didn't even like them. It is so important

to have that access to spaces.' (Mark Davyd, Music Venue Trust)

The impact of music venue closures

61. Grassroots music venues are defined by a set of social, cultural and economic attributes, such as taking risks in programming that may not lead to financial reward, and their overall "importance to communities, artists, audiences, and the music industry."104

They are a vital part of the music industry "ecosystem", especially in providing a place for musicians in the early stages of their careers to hone their live acts and broaden their audiences. l 05 We have heard a consistent message that, when it comes to playing live, "artists need to learn to walk before they run", and a nationwide network of high-quality grassroots venues is crucial in supporting that. l 06

62. The long-term success of the UK's larger music and cultural institutions is inextricably interlinked to the opportunities provided at the grassroots level. The Save London Music Campaign told us:

These venues provide the apprenticeships and training for the next generations of artists, technicians, managers, promoters and road crew. London's premier, world beating venues such as The 02 arena [and] Wembley Stadium etc cannot thrive in a vacuum.107

The owner of the 100 Club summed up the situation in asking "who is going to be the headliner at one of the Glastonbury or Isle of Wight festivals if there are no places left for these bands to play?"108 Grassroots venues also provide a vital training ground for all the other jobs in the industry, as the Production Services Association told us:

It's not just the artists that hone their skills in small venues; they are the workplaces where the technicians, tour managers and production managers of the future learn their craft.109

63. Yet recent years have seen widespread venue closures. Between 2007 and 2016, London experienced a net loss of 35% of its grassroots music venues, and evidence suggests that experience has been reflected across the country. 110 While the situation in London prompted the publication of a 'rescue plan' for the capital's grassroots music venues, which

104 Music Venue Trust (LMU 0022)

105 Q224 [Ben Lovett]

106 save London Music Campaign (LMU 0002)

107 Save London Music Campaign (LMU 0002)

108 Q228

109 Production Services Association (LMU 0064)


10724 Live music

has helped to stem the tide of closures, the situation around the rest of the country remains urgent. m The economic and legislative environment means that when existing venues close, new ones are not opening in their place. The Music Venue Trust told us:

what we have not seen is a wave of people opening music venues as music venues dose and we should be asking why that is. It is because of the whole economic system around them, the licensing; there are just too many barriers to getting the music venue open.112

64. The Minister described the decline in venues as "very concerning", and although acknowledging the new ways in which artists are building audiences, including online, agreed that artists still need spaces to perform. 113 We asked whether other creative sectors have been similarly affected by a decline in the number of spaces and facilities, and the Minister's response that "recording and rehearsal studios are facing a similar if not more pronounced decline" echoes what we have been told by musicians and campaign groups during the inquiry.114 However, the Minister also acknowledged that "given the specific nature of music venues (usable space, hours of operation, licensing requirements etc), it is difficult to compare the live music sector with other creative industries" and offered no other examples of similarly affected industries, other than a shortage of studio space to house the UK's "film and television production boom".115

65. The closure of music venues presents a significant and urgent challenge to the UK,s music industry and cultural vibrancy. The Government has not acted promptly enough to stem the tide of these closures, which have been happening at a rate unprecedented in other cultural sectors for more than 10 years. The full impact of these closures may not be felt immediately; however, there is a real threat that without access to spaces to hone their live craft, the next generation of musicians will struggle to maintain the UK's position at the forefront of the industry.

The difficulties experienced by existing venues

66. Many of the venues that are still open face a "perfect storm" of challenges including rising rents and business rates, pressures from property development, and stagnating incomes, all of which threaten their long-term viability. 116 As the founder of the Music Venue Trust told us, "artists are not making any money because they are trying to build their careers [and] venues are not making any money because there is no money to be made"; however, grassroots venues survive because of the passion and commitment of the individuals in charge:

Somebody has decided at some point that music should be really important to their town and they have carried on doing that long after we have loaded them with costs and licensing and tariffs and everything else that makes it economically a very mad situation to be in. w

111 Greater London Authority, Saving London's music venues, accessed 18 December 2018

112 Q24::I [Mark Davyd]

113 Qq365-::166

114 Department for Digital, Culture, Media and Sport (LMU 0088) and 0259 [Ben Lovett and Mark Davyd]


116 Live Music Exchange, Valuing Live Music The UK Live Music Census 2017 report, (February 2017), p 57

117 Q234 [Mark Davyd]

108Live music 25

Business rates

67, The latest business rates revaluation came into force on 1 April 2017, and one-third of venues that responded to the UK's live music census reported having been negatively affected by rises. m In London, research commissioned by the Greater London Authority showed that:

21 grassroots venues face closure as a result of the April 2017 business rates revaluation, with a further 18 expected to experience significant financial challenges, These39venuesgenerateupto£21.5mforthecapital'seconomy.119

68. In 2017, the 100 Club experienced a 47% increase in its rates bill. The venue's owner told us that he found the process of applying for hardship relief" difficult" and "humiliating" and said "the financial issues that we have now are more serious than they have ever been and we have very nearly closed on more than one occasion over the last 10 years."120

Venues outside London are similarly affected: in January 2019, Cardiff venue Buffalo cited a "massive increase" in business rates as one reason why it was having to close its doors. 121

UK Music has expressed concern "that solutions have not yet been put in place to avoid [the] damaging impacts" of rates changes on the music industry and recommends that the Government reviews the impact and devises relief schemes to mitigate negative impacts.122

69. In the 2018 Budget, the Chancellor of the Exchequer, the Rt Hon Philip Hammond MP, announced that retail properties with a rateable value below £51,000 would have their rates bill cut by one-third for two years from April 2019. 123 In oral evidence, the Minister for Digital and the Creative Industries said "we are waiting to hear how the latest budget 2018 exemptions from business rates will be applied in practice", but acknowledged that they would not help larger venues. 124 Indeed, Ministry of Housing, Communities and Local Government guidance makes it explicit that music venues and other cultural institutions "are outside the scope of the scheme" and that the only providers oflive music that may benefit are those "mainly being used as a shop, restaurant, cafe or drinking establishment".125

70. Music festivals have also been affected by changes to business rates. While many festivals previously benefited from the agricultural exemption, the Valuation Office Agency's decision to charge rates on agricultural land used for music festivals, and in some cases to backdate those charges, has been described as a "particularly punitive and non-transparent way of taxing business which risks future investment".126 Identifying that "the vast majority of festivals and events have a total duration of 2-3 weeks onsite, equating to between 3.8% and 5.7% of the year", the Association of Independent Festivals argues that:

118 live Music Exchange (LMU 0067)


120 Qq252, 228 [Jeff Horton]

121 "Cardiff bar Buffalo to close following 'massive increase' in business rates", Wales Online, 3 January 2019

122 UK Music (LMU 0047)

123 HM Treasury, Budget 2018, HC 1629, p 46

124 Q372

125 Ministry of Housing, Communities and Local Government, Business Rates Retail Discount-Guidance, (November

2018), para 12 and 15

126 Association of Independent Festivals (LMU 0042)

10926 Live music

Extending the agricultural exemption is fiscally neutral as festivals and events have until now always benefited from this-we are simply asking that Government maintains the status quo, does not place punitive measures on the sector and allows the festivals and events sector to continue to flourish. 127

71. Business rate rises and applying for associated reliefs place a financial and administrative burden on already over-stretched grassroots music venues and independent festivals. Ihe Government should immediately review the impact of recent business rates changes on the live music sector and introduce new, or extend existing, relief schemes, such as those for pubs or small retail properties, to lessen the burden of business rates on music venues.

licensing and planning pressures

72. The development of our towns and cities presents both opportunities and challenges for music venues. On the one hand, cultural institutions can fulfil an important role at the heart of economic and urban development. 128 On the other, development can lead to rent pressures that price existing venues out of the market. DHP Family, which runs venues in Nottingham, Bristol and London, says it has "experienced large increase in rents in some properties which have turned a profitable venue into a loss-making venue". It told us:

It is almost impossible to operate a small live music venue in central London due to the cost of business rates, rent and bureaucratic and unhelpful licensing authorities [ ... ] as well [as] redevelopment for more profitable (for the developer and building owner) residential developments. 129

73. Music venues are not unique among cultural spaces in facing such challenges; however, they do occupy a different status in legislation. For example, the Theatres Trust Act 1976 established a statutory consultative body that local planning authorities are required to consult "on any planning application involving land on which there is a theatre or which will have an impact on theatre use"; however, no such statutory body yet exists for music venues. 130 The Music Venue Trust therefore recommends that a similar body be established to support grassroots venues. 131

Implementing 'agent of change~

74. More than one-quarter of venues that responded to the 2017 live music census said that noise-related complaints had had a negative impact on them in the previous 12 months; however, there has been progress, most notably through the inclusion of the agent of change principle in the national planning policy framework (NPPF). 132 'Agent of change' describes various approaches to promoting a harmonious relationship between new building developments (typically residential) and existing noise sources such as music venues. 133 It "places the responsibility for mitigating impacts from existing noise-

127 Association of Independent Festivals (LMU 0042)

128 Q252 [Ben Lovett]

129 DHP Family (LMU 0051)

130 Theatres Trust, Planning, accessed 18 December 2018


132 live Music Exchange (LMU 0067)

133 Music Venue Trust, Agent of Change briefing, accessed 17 December 2018

110Live music 27

generating activities or uses on the proposed new noise-sensitive development". 134 It is often referred to in the context of property developers installing appropriate sound insulation; however, it can have a much broader application such as agreements on tenancies and financial arrangements. 135 Ultimately it is based on the principle that "existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established."136

75. While the weight of evidence we received supported the principle of 'agent of change', it also highlighted potential limits to its effectiveness. For example, 'agent of change' will not necessarily help venues facing noise complaints from existing developments, as UK

Music highlighted:

All it takes is one or two neighbours or residents to put in a complaint, even about an existing venue let alone a new build or development, and that can then threaten the venue's licence. 137

There is also uncertainty about exactly how it will be implemented nationally, with the risk that planning authorities will interpret and apply the wording of the NPPF in different ways. What we heard from DHP Family about its experiences of dealing with licensing and planning authorities across the country reinforced that concern:

We have venues in various different areas of the country and we see the difference between the attitudes to licensing of local authorities, which is really difficult to work with. It can feel very much like, "You are definitely not wanted in this area and we will do everything we can to make it as difficult as possible for you to operate". It is the same with planning and licensing working together. We have done work before where licensing has said, "That is definitely going to be fine" and then we get to planning and it is, "No chance". We are trying to do everything in our power to make sure that we are living up to the licensing objectives and being responsible retailers and then we are backed down at every step of the way. 138

76. We welcome the inclusion of the 'agent of change' principle in planning policy as there is a legal obligation on local authorities to comply with it; however, robust and consistent implementation of the principle nationwide is crucial for it to be of meaningful benefit to live music venues. Moreover, the principle does not address the full array of development pressures that live music venues experience. We recommend that in the next legislative session the Government appoints a statutory consultative body to promote the protection of music venues, provide advice to local authorities on relevant planning applications and monitor how 'agent of change' is applied in practice around the country.

134 Greater London Authority, Draft New London Plan, accessed 10 September 2018

135 Music Venue Trust, Agent of Change briefing, accessed 17 December 2018

136 Ministry of Housing, Communities and Local Government, National Planning Policy Framework, (July 2018), p 52

137 Q265

138 Q268 [Michele Phillips)

11128 Live music

Stagnating income and poor infrastructure

77. Many venues have not seen their revenues increase in line with costs. Stagnating ticket prices, declining alcohol sales and other challenges have rendered many venues unprofitable as businesses, with less money to invest in facilities and staffing. Sneaky Pete's, a grassroots venue in Edinburgh, described the downward spiral that stagnating income has on investment in infrastructure:

Ticket prices in smaller venues have stagnated, and when venues are unable to invest in new facilities, it is hard to add value to the product to charge higher entry fees. 139

The Music Venue Trust analysed 88 of the venues in its Music Venues Alliance and found that 112% of their ticket revenue is spent on promoting live music. 140 This suggests that the Fulford Arms in York is not unique in sometimes having to use revenue from bar sales to supplement pay for staff and artists. 141

78. Yet venues' reliance on revenue from alcohol, and related security costs or licensing concerns, impacts their ability to make gigs accessible to under-18s. This in turn limits young people's access to live music and undermines their role in artists' development. Independent rapper ShaoDow has been quoted up to £500 extra when trying to hire a venue to put on a 14-plus show, yet he says:

I wholly believe that allowing under 18s, say from 14-plus, into small live music venues is also incredibly important, because not only is it a smaller environment in which you can keep an eye on them, but it allows them to be part of an artist's growth. 1hose young people are really the ones who are most enthusiastic and energetic about the artist, so by the time they are performing at festivals and so on-and this takes years to get to-you grow with your fans. 142

Jeff Horton from the 100 Club identified the broader consequences of young people not being able to attend live music. He told us that:

Places like mine are a safe environment for kids to come in and to see something, whether it is a grime artist or a punk or jazz band, or whatever, and let their hair down and get rid of that energy that they all have. I do believe that one of the reasons that we have issues with kids getting involved in drug gangs and stuff like that is because they are looking for that buzz, and everywhere they look there are either signs saying, "No, you can't cycle here" or, "You can't skateboard here" or, "No ball games here" and now the venues that they were going to don't exist, so that creates big community issues. 143

79. Venues that are "filthy, falling apart and have terrible sound systems" are not fit-forpurpose for either artists or audiences.144 There are valid concerns about the accessibility

139 Sneaky Pete's (LMU 0076)


141 Fast Entertainment Ltd T/A The Fulford Arms (LMU 0036}

142 Q239

143 Q239

144 Q324

112Live music 29

of such spaces, with the Save London Music Campaign highlighting the challenges of accessing venues in a wheelchair. 145 We also heard reports of female musicians feeling unsafe because of a lack of suitable changing facilities or secure parking, and the impression that the industry is unsafe for women will do little to redress the gender balance in this traditionally male-dominated industry.146

80, Poor-quality facilities also limit venues' ability to broaden their offer commercially by hosting a wider range of events or undertaking the kind of training or community work that would make them more eligible to receive public funding. The next generation of technicians needs to train on state-of-the-art equipment; however, this is not something all grassroots venues can offer. As music technology becomes more advanced, the industry needs to compete with other high-tech sectors to attract the best technical talent, and bad experiences in poor-quality venues is bound to frustrate this aim.

Strategies to support music venues

Diversified business models

81. In the light of all those challenges, many music venues are employing their own strategies to ensure their survival, including diversifying their revenue sources. DHP Family observes that:

Many small venues have to have a mixed business strategy to survivethey might a mix of live music venue, nightclub, bar, arts centre, pub and restaurant. It is not possible to survive with only a live music business in today's market. 147

This was echoed by Ben Lovett, whose 320-capacity venue Omeara is also home to an exhibition space, bar and restaurant. He pointed out that culture still needs to be at the heart of such developments, since important as hospitality might be to a venue, "people would not be coming down for the drinks and food if there wasn't the entertainment."148

82. The 100 Club has pursued innovative means of staying afloat. In 2010 cost pressures meant the venue, which has hosted live music in one form or another since 1942, was faced with imminent closure. At that stage, the managing director of shoe brand Converse offered its support for the venue to stay open. During its six-year sponsorship deal, Converse held a series of live events at the 100 Club, and when that arrangement came to an end the venue announced a similar partnership with fashion brand Fred Perry. The 100 Club's owner credits these deals with having kept the venue open; however, he is also dear that the 100 Club's value to such brands is rooted in its history at the heart of Britain's musical heritage.149 As such, although not all grassroots venues may find similar opportunities available to them, it is evident that preserving venues' heritage has value beyond the music industry.

145 Save London Musk Campaign (LMU 0002)

146 Q350 [Naomi Pohl]


148 Q234

149 Q229

11330 Live music

Parity in policy and funding

83, We have heard consistent calls for the contribution of grassroots venues as cultural assets to be recognised in policy and funding decisions. The Live Music Exchange calls for grassroots venues to be recognised "as key sites of artist and audience development and as cultural and community assets."150 Likewise, the Music Venue Trust campaigns for parity for venues in legislation "so that we are not asking music venues [ ... ] to do something that we would not ask theatres" or other cultural organisations to do. 151 The Government has eight corporation tax reliefs for the creative industries, including one for orchestras; however, the relief does not apply to other forms of making music. 152 We asked the Minister whether any assessment had been made of the potential to extend the relief and were encouraged when she replied that she does not "see why we should not be looking at extending the tax reliefs to other forms of music."153 However, in a follow-up letter to us, the Minister said the music industry "has yet to present a strong evidencebased case" for extending the relief, which "will be key in making the case [ ... ] to HM Treasury."154

84. The Live Music Act 2012 removed a number of regulations for small venues, allowing venues with a maximum capacity of 500 to host live music between 8am and 11pm without acquiring a licence. The Minister told us that the Government believes the legislation is "working broadly as intended". 155 However, the Music Venue Trust and UK Music argue that there is scope for its provision to be extended to venues with greater capacity or beyond llpm.156 Moreover, the Act's post-implementation review took place in 2014, a relatively short time after the measures were introduced. The review acknowledged that its conclusions were inconclusive because of the lack of data, but it stated that a full review of reforms to the licensing of regulated entertainment, of which the Act is one component, was planned for 2019.157

85. The Government is expected to produce post-legislative memorandums within three to five years of legislation gaining Royal Assent; however, we are yet to receive such a memorandum for the Live Music Act 2012. The Government needs to conduct thorough scrutiny of the impact of the Act this year. We request that the Government supplies us with a full post-legislative memorandum for the Live Music Act 2012 before the end of this parliamentary session. We believe that the Government should amend the Act to extend its provisions to venues with a capacity over 500 and beyond 11pm and ask for the memorandum to consider these proposals and set out the Government's intentions for them. We also ask the Government to extend the creative industries tax relief to support other forms of music production, in addition to that already given for orchestral performances.

86. While the Department recognises that music venues are "local cultural assets", and that Arts Council England funds them accordingly, there is a perception in the industry



152 The creative industries tax reliefs cover film, animation, high-end television, children's television, video games,

theatre, orchestras and museums and galleries.

153 Q433


155 Q359 [MargotJames MP]

156 UK Music (LMU 0047) and Music Venue Trust (LMU 0022)

157 Department for Culture, Media and Sport, Post-implementation review of the Live Music Act 2012, (9 April 2014)

114Live music 31

that contemporary music loses out to other forms in the distributions of public funds. Musician Tom Gray said that "we have a problem in this country of high art and low art. Our class system seems to ride roughshod through our whole art sector."158 In April 2018, UK Music analysed the Arts Council's National Portfolio fund for 2018-2022 and concluded that "pop music gets just 8% of the cash from the council's main fund for music. Opera gets almost eight times as much, enjoying 62%."159 The lack of funding for grassroots venues is even more acute. The Music Venue Trust found that support for the sector equated to 0.06% of the total distribution, with no new grassroots venues added to the portfolio in the last funding round. 160

87. Arts Council England's CEO Darren Henley OBE was keen to outline his commitment to supporting all kinds of music: "pop music, jazz, world music and then also internationally renowned orchestras and opera companies as well." 161 He also explained that the Arts Council's funding takes a number of forms other than its National Portfolio pot, and gave the example of Pop Rees, a new arts hub in Sunderland, which was recently awarded a £15,000 project grant. 162 However, such grants tend to be time and project limited, and therefore do not offer the same long-term, strategic support that National Portfolio Organisations benefit from. For this reason, they may not be sufficient to address the systemic problems that grassroots venues face.

88. The reasons behind this relative imbalance are complicated. As the Minister explained, "it is noticeable that the Arts Council do not get very many applications for funding from music venues" even though they are open to them. 163 However, grassroots venue Sneaky Pete's suggested that venues' perception of ineligibility disincentivises engagement:

Music in GMVs is not seen as being as culturally prestigious as the music in the funded sphere, or other art forms that receive significant funding. Because GMVs so rarely seek subsidy, and more rarely receive it, we are not present at discussions about the cultural agenda, and until recently rarely had conversations with relevant public bodies. 164

Darren Henley has pledged that the Arts Council will develop "a higher level of good applications from within [ ... ] this part of the music industry".165 To achieve this, the Arts Council is "actively going into places where there has been, traditionally, underrepresentation" and will learn from its work with pub theatres. 166 We welcome this commitment, especially as our predecessor Committee's 2011 inquiry into 'Funding of the arts and heritage' concluded that supporting small arts organisations to apply for funding "should be one of [the Arts Council's] highest priorities."167 The Arts Council is

158 Q324

159 "Arts Council funding to opera is unfair- pop needs support too", The Guardian, 12 April 2018


161 Q359

162 Q364

163 0367

164 Sneaky Pete's (LM U 0076)

165 Q427

166 Qq363, 429

167 Culture, Media and Spart Committee, Third Report of Session 2010-11, Funding of the arts and heritage, HC

464-1, para 53

11532 Live music

developing its next ten year strategy for 2020-2030, which gives it an opportunity to assess how well it is serving the live music community, and Darren Henley told us that it is "in listening mode". 168

89. It has also been suggested that if more grassroots venues are to receive public funds they may have to broaden the range of activities they deliver. Arts Council England explained that:

Venues in receipt of public funds are generally required to perform a number of functions to develop their art form. In particular they are required to take a much more active role in talent development, audience outreach, educational activities, and increasing diversity of their audiences and workforce. 169

This was echoed by Jane Beese from the Roundhouse, which receives about 8% of its income from the Arts Council, who told us that "smaller venues are going to have to learn to be more entrepreneurial about how they proceed."170 Yet we have already explored the staffing and infrastructure barriers that might prevent venues from fulfilling such a function, or simply evidencing their work, in the immediate term. That suggests an alternative approach, such as a ring-fenced infrastructure fund as suggested by the Music Venue Trust, is needed to secure the grassroots estate and then enable it to diversify in this way. 171

90. The difference between public support for live music in the UK and other European countries is stark. In some mainland European countries "venues receive subsidies that average 42% of operating costs, or as high as 70% in France."172 The German Government recently invested €8.2 million to upgrade equipment in grassroots music venues and in the Netherlands, 51 grassroots venues receive Government funding. 173 This means an improved experience for artists, as Tom Gray explained:

You can travel across northern Europe and play gigs in northern France, Belgium, Holland and across Scandinavia and Germany and there is a small gig in that small town, which is evidently Government funded and beautifully built, for multi-purpose use. It pays flat fees to the people and usually has accommodation as well so the kids can stay there. 174

The risk, as ShaoDow and Jeff Horton from the 100 Club cautioned, is that with mainland European counties offering better terms, artists might prioritise them over playing in the UK.11s

91. It is unsurprising that the live music sector has a history of under-engagement with Government and funding bodies, given the staffing constraints many venues face and the low rates of support for grassroots venues in Arts Council England,s flagship funding programme. Nonetheless, we recognise that the current imbalance in funding

168 Q380

169 Arts Council England (LMU 0062)

170 Q352


172 UK Music (LMU 0047)

173 Mayor of London (LMU 0069) and UK Music (LMU 0047)

174 Q324

175 Q252

116Live musk 33

is not sustainable and welcome ACE's commitment to engage with music venues and learn from its experiences with other sectors. We ask that in its next ten-year strategy, the Arts Council makes explicit how it plans to redress the balance in funding for grassroots venues and contemporary music, with a view to securing the infrastructure and leadership that will enable them to maximise business opportunities.

11734 Live musk

4 Threats to the talent pipeline 'There is now a lot more money in the business than there ever was, but

somehow that is not finding its way back down to the bottom.' (Tom Gray,

Gomez)

92. The UK's reputation as a destination for live music is in no small part due to the generations of homegrown talent the country has produced. Yet securing the conditions for such talent to thrive is essential for the long-term health of the industry. In 2016, musician Noel Gallagher told the Daily Record:

It was easy to start a band when I was young because there was rehearsal rooms and grotty clubs to play in. Musical equipment was cheap and accessible as not many people bought it. Now, you have to be middle class to be in a band. Where are you going to rehearse? The rehearsal rooms are being turned into flats. Where are you going to play? There's only two places to play these days, really small clubs or massive arenas, there's nothing in the middle. 176

The Royal Albert Hall's Artistic and Commercial Director indicated that small venue closures and educational reforms are already having an impact on the Hall's programme. She told us:

We need the young artists to be coming through so they can perform on our main stage. We do see a lack of young artists coming through to perform at the Royal Albert Hall, and it is a major concern. 177

93. While there are many different routes into a career in music, without access to an appropriate education, high-quality facilities or reliable income streams, people from a diverse range of backgrounds will struggle to build viable careers in the industry. It is impossible to know where the next multi-million-selling artist or classical virtuoso will come from, and it is therefore important that young people and musicians have opportunities to develop their talent irrespective of their socioeconomic background.

Music education

94. While not all professional musicians will necessarily have studied a formal musical education, learning an instrument and how to read music from a young age is a fundamental requirement for a career in certain disciplines. Music is compulsory in the national curriculum up to the age of 14; however, we have heard concerns about a "policy clash" in music education, with the consequences of the English Baccalaureate, the rights of Academies to diverge from the national curriculum and local authority funding cuts leading to a "postcode lottery" in the quality of music education. 178

176 "Rock star Noel Gallagher talks about why Scotland has always been at the heart of his career", Daily Record, 26

April 2016

177 Q260

178 Musicians' Union (LMU 0037), UK Music (LMU 0047) and Cornwall Music Service Trust (LMU 0060)

118Live musk 35

The music curriculum

95. A modern music curriculum, closely integrated with the needs of the industry and the opportunities it can provide, is crucial to maximising the impact of music education. We heard concerns from both ends of the spectrum that the current curriculum risks alienating young people by not responding to contemporary genres and production methods, and that expertise in certain classical instruments is at risk of dying out if children do not learn them. l79

96. Music education can also equip young people to perform the whole spectrum of jobs in the music industry.180 DJ Target, who remembered his school music lessons being a " " ld sanctuary , to us:

Music in schools does not just need to be about learning an instrument, because in 2018 there are probably 50 times the number of jobs than there were in the 1980s or 1990s [ ... ] You could be a videographer who makes music videos. You could be somebody who is a technician or a sound engineer. There are probably hundreds of jobs that fall within the music industry and I think we should be opening kids' brains up to that at an early age. 181

Many of the jobs in the industry offer attractive prospects for international travel and access to high-profile events; however, there is a risk of a talent drain to other technical industries if young people are not made aware of such opportunities. We were told:

If we take out the spur that showed them that they were interested in music, they will go and get jobs elsewhere. They have lots of access to the gaming industry, they have lots of access to online attractions and entertainment, where is their access to music if you take it out of schools?182

Venues can play a role in this, as evidenced for example by the work of the Roundhouse in north London, which uses its position "outside of a formal education setting" to engage "hard-to-reach young people" through training or access to subsidised facilities. 183

97. In evidence to our current inquiry into the 'Social Impact of Participation in Culture and Sport', the Minister of State for School Standards, the Rt Hon Nick Gibb MP, indicated that the Government will launch a project focused on improving the standard of the compulsory arts curriculum, including music, to ensure more students are equipped and motivated to study these subjects into GCSE.184 In January 2019, the Department for Education announced that an independent panel of experts from the education and music professions will work to produce a model music curriculum for key stages 1, 2 and 3 that supplements, and is consistent with, the programmes of study in the national

179 Qq246, 293 [Jeff Horton and Lucy Noble]

180 Music education also has many wider benefits for schools and pupils, as we will explore in greater depth in our

report into the 'Social Impact of Participation and Sport'.

181 Qq317, 323

182 Q247 (Mark Davyd]

183 The Roundhouse (LMU 0041)

184 Oral evidence taken on 12 December 2018, HC (2017-19) 734. Qq278, 313

11936 Live music

curriculum.185 It is very important that the role of music in the life of schools is valued by the inspection regime-too little credit is given to teachers who support music in schools, often in their own time.

98. We welcome the Government's intention to review the music curriculum. The Government's independent expert panel should engage musicians from different genres, stakeholders from across the music industry, and young people to ensure the new model music curriculum reflects how people make and consume music in the modern age, as well as the industry's skills-needs now and into the future.

The impact of the EBacc

99. The English Baccalaureate is a school performance measure announced in 2010 by the then Secretary of State for Education, the Rt Hon Michael Gove MP. It is a combination of subjects that the Government considers important for young people to study at GCSE: English language and literature; maths; the sciences; geography or history and a language. It does not include arts or technical subjects. The Government's aim is for 90% of GCSE pupils to choose the EBacc subject combination by 2025.186

100. The Schools Minister has been keen to stress that, despite fluctuations, the numbers of students taking GCSE and A-level music have remained broadly stable since the introduction of the EBacc.187 However, many in the music and teaching professions perceive the EBacc's impact on music education to have been more damaging. A University of Sussex survey found that 59% of nearly 500 schools surveyed thought the EBacc has a negative impact on the provision and uptake of music (compared to 2.5% who considered it to be having a positive impact). 188 Likewise, more than 200 organisations have signed the Incorporated Society of Musicians' 'Bacc for the future' campaign asking for the policy to be reviewed and consideration given to the inclusion of arts subjects.189

101. The Minister for Digital and the Creative Industries says she considers the decline in the provision of music education "very concerning", but has suggested that it should not be attributed entirely to the EBacc.190 Indeed, evidence from the Cornwall Music Service Trust, which works across 80% of Cornwall's schools and is the largest strategic and delivery partner for the Cornwall Music Education Hub, suggested that Academies' autonomy to devise their own curriculums and pressures on school finances also present challenges to the provision of music education, 191 As schools experience pressures on their budgets, it follows that they will prioritise subjects against which they are measured and cut subjects that are less in demand. As the BPI highlighted, this makes music particularly "vulnerable to cuts as it sits outside core subjects but does not have as many entrants at GCSE level."192

102. Despite the Schools Minister's assertion that "the EBacc is about social mobility", the way it works in practice unduly impacts on pupils from deprived backgrounds, or those

185 "Government backs young musicians", Department for Education press release, 11 January 2019

186 Department for Education, English Baccalaureate (EBacc}, accessed 13 December 2018

187 Oral evidence taken on 12 December 2018, HC (2017-19) 734, Q292

188 University of Sussex, Changes in Secondary Music Curriculum Provision over time 2016-18/19, (October 2018)

189 Bacc for the future, "ccessed "December 2018

190 Qq420-21

191 Cornwall Music Service Trust (LMU 0060)

192 BPI (LMU 0045)

120Live musk 37

with lower attainment 193 The Minister for Digital and the Creative Industries told us that as the EBacc covers only a limited number of subjects, it leaves pupils free to study arts and creative subjects in their remaining discretionary GCSE options.194 However, Cambridge Assessment's research has consistently found that pupils living in areas with higher levels of income deprivation, and those with lower attainment, are less likely to study more than seven GCSEs than pupils living in areas with lower levels of deprivation, or higher attainers. 19s Likewise, the Musicians' Union told us:

The EBacc poses the biggest threat to the education of children from lower socioeconomic backgrounds, while hubs have a limited amount of funding and cannot pick up the slack for these children.196

103. In 2013 our predecessor Committee recommended in its report on 'Supporting the creative economy, that arts be included in the list of approved EBacc subjects, and the concerns we have heard during this inquiry suggest the need is no less pressing now. We repeat the call for arts subjects to be added to the EBacc to ensure all students benefit from a creative education at GCSE.

The work of Music Education Hubs

104. In 2011, the National Plan for Music Education was published by the Department for Education and the then Department for Culture, Media, and Sport. It set out the plan for Music Education Hubs, stating:

Schools cannot be expected to do all that is required of music education alone: a music infrastructure that transcends schools is necessary[ ... ] Hubs will augment and support music teaching in schools so that more children experience a combination of dassroom teaching, instrumental and vocal tuition and input from professional musicians.197

Arts Council England invests £75 million per annum from the Department for Education in 120 Music Education Hubs.198 The Government has stated that, in 2016-17, more than 700,000 children were taught to play a musical instrument through the hubs, and 89% of schools benefitted from their support. 199 However, as Darren Henley acknowledged, assessment of Hubs' effectiveness should be "about quality and not just quantity". 200

Therefore, although the figures for overall engagement are welcome, it is concerning to hear about "postcode lotteries" in the quality of Hubs' provision.201

193 Oral evidence taken on 12 December 2018, HC (2017-19) 734, Q292

194 Q421

195 Cambridge Assessment, Uptake of GCSE subjects 2016: Statistics Report Series No. 114, (August 2017)

196 Musicians' Union (LMU 0037)

197 Department for Education and Department for Culture, Media and Sport, The importance of music: a national

plan for music education, (25 November 2011) p 10

198 Arts Council England (LMU 0062)

199 "Record numbers learning instruments in class thanks to music hubs", Department for Education and Arts

Council England press release, 24 October 2018

200 Q419 201 Q314

12138 Live music

105. It has been suggested that the lack of understanding about where provision is good and where it needs to be improved is partly due to the quality of data that Hubs are required to record and report back to Arts Council England. The Cornwall Music Service Trust states that:

with little guidance from Arts Council England or the DfE on best practice, results are patchy, and dependent on individual practitioner skills, rather than a systematic national development based on research and sharing best practice. 202

Although musician Tom Gray from Gomez cautioned against evaluation falling unfairly on under-resourced services, he emphasised the need for a robust, national overview of the state of music education:

What is hard when you are talking about this stuff is that nobody knows. Nobody knows if one music hub is completely failing and another one is doing a good job. No one knows what schools are giving music and what schools are not giving music. No one knows and I think it is brutal and kind of pathetic. 203

In response to these concerns, Darren Henley confirmed that the Arts Council is investing its own money "to build quality measures" into the Hub system. 204 The Schools Minister also informed us of the Government's intention to extend the National Plan for Music Education beyond 2020, and to assess the effectiveness of the current plan before doing so.2os

106. Music Education Hubs are a valuable resource and we welcome the Government's commitment to extending the National Plan for Music Education beyond 2020. However, we are concerned that not enough is known about how provision varies between Hubs and not enough emphasis is put on sharing best practice. As part of its review into the effectiveness of the existing National Plan for Music Education, the Government should conduct a thorough study of where provision by Hubs is good and where it could be improved. We recommend that any future plan ensures all Hubs have sufficient financial resources and workplace expertise to perform high quality evaluation of their work and impact, and that improved processes a1·e in place to monitor performance and share best practice.

Sustainable income streams

107. As we discussed in Chapter 1, despite the wealth generated by the music industry, and the importance of live music to musicians' income, many still struggle to make a living from playing live. Ben Lovett, whose band Mumford & Sons toured the grassroots circuit extensively before releasing their Grammy Award-nominated debut album, told us that the band worked day jobs "for a long time" until the music started to pay. He highlighted the strangeness of "working just to be able to support your career" and argued that "there are not many industries where we are trying to encourage growth in a sector

202 Cornwall Musk Service Trust (LMU 0060)

203 Q318

204 Q419

205 Oral evidence taken on 12 December 2018, HC (2017-19) 734, Q295-98

122Live music 39

where we are saying, 'Oh, at the same time do you guys mind spending 40 hours a week

doing something else?'"206 Similarly, many musicians rely on financial support for family

and friends, leading UK Music to state:

We do not want the music industry to become the preserve of the bank of Mum and Dad. 207

108. The way that record labels invest in talent development has changed, which has

impacted artists' income streams. Tom Gray told us that development deals, which would

pay artists to tour and hone their craft, disappeared in the mid-2000s and that labels'

financial support for musicians doing loss-making tours has also declined. He argued that for major labels "the idea of long-term investment in their own pipeline has more

or less disappeared."208 The Head of Music at the Roundhouse suggested that dominant

players are not investing in talent development since rather than "looking for a long-term

investment for the artist, they are looking for what their shareholders will see at the end of

a year."209 In these circumstances, she worries "about how we recreate that support system for young emerging artists". 210

109. It is in the industry's own long-term interests to support the talent pipeline, even if

doing so does not deliver immediate returns. Yet we asked whether enough of the money

generated by the music industry finds its way down to the grassroots and were told: "It

is a flat no and there is no mechanism for that."211 For example, DHP Family questioned

whether PRS for Music does enough to support the grassroots, observing that "many small

bands never even collect PRS, but small venues are still forced to pay. In essence small

local bands and venues are subsidising the likes of Elton John and Bruno Mars."212 The

Minister suggested that a comparison may be drawn with how other industries support talent development:

In the same way as we expect football and the premiership to do more for grassroots football, perhaps we could expect the pop music industry to do more for grassroots music. 213

110. Consideration should be given to the role that major music businesses could play in

helping to develop the production and performing artist talent that they will later come

to rely upon. In football, the Government through Sport England, along with the Football

Association and the Premier League, jointly fund the improvement of community facilities

through the Football Foundation. Further to this, professional clubs in the top three

divisions in England fund the identification and development of young talent, aged from

eight to 18, through the Elite Player Performance Plan. Similar schemes could be developed in the creative sector and funded either through the Arts Council or a new body, which

could work independently of both Government and the industry, but receive financial

support from them. The Music Venue Trust is already championing such an approach by asking leaders in its sector to sign up to support a proposed Pipeline Investment Fund.214

206 Q232

207 Q296 [Tom Kiehl]

208 Q307-8



211 Q339 [Tom Gray]


213 Q392

214 Music Venue Trust, Musk Venue Trust Launches Pipeline Investment Fund Challenge, (18 October 2018)

12340 Live music

111. The online streaming of music through platforms such as YouTube and Spotify is also integral to this problem. The digital age provides significant opportunities for artists

to distribute their music and reach new audiences; however, the move away from physical sales, and the relatively low remuneration paid by streaming sites, means both labels and

musicians struggle to make sufficient returns from their creative output. The International

Federation of the Phonographic Industry argues that there is a "value gap" in that:

User upload services, such as YouTube, are heavily used by music consumers and yet do not return fair value to those who are investing in and creating the music. 215

Likewise, UK Music has called on YouTube to do "fairer deals" and argues that:

The ability for creators to make ends meet is compounded by YouTube. It is the most popular music service in the world, but due to the shameful rates the Google-owned service pays a track needs to be streamed over 50 million times before artists can earn the average UK wage.216

112. The Minister for Digital and the Creative Industries stated that she is not satisfied with

the current remuneration that platforms offer artists. However, she acknowledged that

there have been some improvements and welcomed the European Copyright Directive as "a means of getting artists greater remuneration and greater control over their rights." 217

Likewise, the Musicians' Union told us:

The Copyright Directive would be helpful. It is about the money filtering through from Google down to the performer and not getting stuck either at the top of the chain or when it hits labels and publishers and they only pay out a tiny percentage to the artists on their books.218

113. Structural problems within the music industry limit artists' ability to earn a sustainable income, and that in turn risks excluding sections of society from a career in music. The industry needs to ensure a greater proportion of its revenues is channelled into supporting artists at the early stages of their careers. We recommend that the Department for Digital, Culture, Media and Sport and UK Music convene a taskforce this year comprised of musicians' representatives and corporate stakeholders to explore how the industry may be supported and incentivised to invest more effectively in supporting grassroots talent.

Accessing employment opportunities after Britain leaves the European Union

114. Many in the industry are concerned about the potential impact of Britain leaving the

European Union on musicians' ability to make a living from touring. More than one-third

215 International Federation of the Phonographic Industry, CONNECTING WITH MUSlC: Music consumer insight

report, (September 2017), p 3

216 UK Music, Securing the Talent Pipeline, (September 2018), p 3 and p 12

217 Q366


124Live music 41

of musicians who responded to surveys by the Incorporated Society of Musicians stated that they receive half, or more than half, of their income from working in the EU. 219 Tom Gray explained how the touring landscape has changed over recent decades:

People think that because back in the 1960s people used to tour in Europe it was fine, but here is the thing: there used to be a massive national touring circuit in the UK. You could do 60 to 70 shows regionally and build up and grow and get big enough that you had enough money to be able to go to Europe. You had already made it, effectively, when you left the country. But that has disappeared now. People have made Europe part of their low-level touring system, so if you are a young band, you will do five gigs around the country and then you will go to Benelux and Germany, but that is going to go. You are going to scythe off half their income. 220

Often job opportunities in the industry come up at short notice, and leading cultural institutions such as the Southbank Centre are concerned that complicated visa arrangements could impact their ability to book talent at the last minute. 221

ll5. Many are therefore calling for the introduction of an EU-wide touring visa, which will be "affordable, multi-entry [and] admin-light" to enable musicians to tour easily after Brexit. 222 The arrangements for moving musical equipment around Europe are just as urgent, and there is a concern that the reintroduction of temporary customs documents, or carnets, could lead to increased costs and bureaucracy that "would have a crippling effect on bands".223 Similarly, the Production Services Association cautioned that a quota system for road haulage "would force any tours in the EU to choose suppliers from outside our borders," which would mean that "the rock 'n roll trucking business, invented in the UK, would be lost forever". 224

ll6. Ensuring frictionless travel for musicians} touring personnel and their equipment is essential for musicians to continue to access work opportunities abroad, and for foreign artists to tour to the UK. We support the industry's calls for the introduction of an EU-wide touring visa, which the Government should pursue in its future relationship with the European Union. We also urge the Government to resist any arrangements that would result in the reintroduction of temporary customs documents for touring equipment.

ll7. We have also heard about the potential impact of changes to the UK's immigration policies on the music workforce. Trinity Laban Conservatoire of Music and Drama told us that around 20% of conservatoire students and 10% of total conservatoire staff come from mainland Europe-with the proportion of teaching staff corning from the EU "considerably higher". Moreover, it says that "the input from EU teachers is vital in supporting UK students who wish to establish careers in mainland Europe."225

llS. The Department for Digital, Culture, Media and Sport told us:

219 Incorporated Society of Musicians, Musicians and Brexit, (July 2018), p 2

220 Q354

221 Southbank Centre (LMU 0063)

222 Musicians' Union, Concerned About Your Right to Work in the EU Post•Brexit? Ask Your MP & Devolved

Representatives to Back Musicians, accessed 15 October 2018

223 The Live Music Forum (LMU 0054)

224 Production Services Association (LMU 0064)

225 Trinity Laban Conservatoire of Music and Dance (LMU 0081)

12542 Uve music

We are carefully considering a range of options for the future immigration system and will make decisions on the future immigration system based on evidence and engagement. That is why we have asked the independent Migration Advisory Committee to advise on the economic and social impacts of the UK's exit from the EU. The Government will have plenty of time to take account of the MAC's advice when making any final decisions about our future immigration system, which would not be implemented until 2021. 226

However, when the Migration Advisory Committee published its report in September

2018, it made no explicit mention at all of the creative industries and cultural workers,

let alone specific sub-sectors such as music and film-a situation UK Music described as

"very disappointing".221

119. The Migration Advisory Committee did, however, recommend that the annual salary

threshold of £30,000 for tier 2 visas for skilled workers be retained.228 In its White Paper

on "The UK's future skills-based immigration system", the Government did not commit

to retaining this salary level, but said it would "engage businesses and employers as to

what salary threshold should be set."229

120. In our inquiry on 'The potential impact of Brexit on the creative industries, tourism

and the digital single market', we concluded "that salary levels are a crude proxy for value and fail to recognise the central role that workers from the EU and beyond play" and

recommended "that the Government explores ways in which commercial value, and value

to specific sectors of the economy, can be factored into the UK's post-Brexit immigration

system."230 The evidence to this inquiry supports that conclusion. The Musicians' Union told us that the majority of its members earn less than the threshold for a skilled worker:

Even if you are employed full time in an orchestra, you might be on less than £30,000 a year. They are the most stable jobs that musicians are likely to have and they are funded organisations.231

Tom Gray argued that the loss of touring opportunities, combined with the salary requirements, would put musicians in a "Catch-22" situation:

If you cut off half of somebody's income and they are already below and they are getting half their income from Europe, how is that going to work?232

121. Given the Migration Advisory Committee's failure to mention the creative industries in its report, it is important that the Government gives due consideration to the needs of the creative industries when formulating its post-Brexit immigration policy. We welcome the fact that the Government will undertake further consultation before deciding on the salary threshold for skilled workers; however, we maintain the view that salary is not an accurate reflection of value to the country's cultural life or


227 Q298

228 Migration Advisory Committee, EEA migration in the UK: Final report, (September 2018)

229 Home Office, The UK's future skills-based immigration system, Cm 9722, December 2018, p 16

230 Digital, Culture, Media and Sport Committee, Second Report of Session 2017-19, The potential impact of Brexit

on the creative industries, tourism and the digital single market, HC 365, para 53


232 Q357

126Live music 43

economy. We repeat our call for the Government to develop an immigration policy that recognises the broader contribution individuals make, beyond their salary level. We also ask the Government to detail in its response to this report how it will engage with the

music industry and consider the industry's views in the formulation of its immigration policy.

127live music 45

Conclusions and recommendations

The live music success story

L Live music is a valuable and vibrant part of the UK's culture; however, we cannot

take its past success for granted, and must safeguard the industry and spread its

benefits more evenly. Historically, this may not have been considered a role for

central or local government because of the strength and profitability of the UK's

music industry; however, there are practical ways in which policymakers and local

authorities can support the sector. (Paragraph 18)

2. We recommend the establishment of regional 'Music Boards', comprisingrepresentatives from the music industry, policymakers and other relevant stakeholders, to advocate for the live music sector and promote its interests in planning and policy decisions. We ask the Government to support the formation of such bodies through its devolution deals, or the Local Enterprise Partnerships in areas where no combined authorities have been established. (Paragraph 19)

3. We ask the Competition and Markets Authority to consider conducting a market study of the music industry to assess whether competition in the market is working effectively for both consumers and those working in the industry. (Paragraph 20)

4. We welcome the abolition of the Metropolitan Police's form 696 following concerns

that it unfairly targeted certain artists and audiences, but it is concerning to hear

that prejudices against urban acts persist. The Department for Digital, Culture, Media and Sport, Ministry of Housing, Communities and Local Government and the Home Office should work together to develop guidance for licensing authorities, police forces and music venues on how to collaborate on managing risks to ensure that urban music acts are not unfairly targeted. (Paragraph 24)

Problems in the ticketing market

5. We welcome the changes that the Advertising Standards Authority and Competition

and Markets Authority have secured to the business practices of some of the major

secondary ticketing platforms; however, we regret that such time and public money is

being spent on bringing the platforms, principally viagogo, into line with consumer

law that they should have complied with from the outset. We believe that viagogo has

yet to prove itself a trustworthy operator given its history of resisting compliance,

court orders and parliamentary scrutiny, and flouting consumer law. We recognise

that it will take the CMA time to prepare evidence on whether viagogo is compliant

with the court order against it; however, we are concerned that while that work

takes place, consumers remain vulnerable to the site's misleading sales practices.

It is imperative that the CMA acts promptly and decisively to bring viagogo into

line with consumer law and, until it does so, we advise the public not to buy or sell

tickets via viagogo. (Paragraph 41)

6. StubHub and viagogo's ultimate compliance with consumer law should mitigate

many of the problems that consumers have previously experienced; however, it would

be naive to assume all problems will immediately cease. Indeed, this is recognised in

12846 Live music

the primary market, which has the STAR Code of Practice and Alternative Dispute Resolution scheme, both of which are also needed in the secondary market. Fans need a quicker and easier process for dispute resolution; given that the ticketing market is the first stage in most fans' journeys, poor experiences risk blighting people's enjoyment oflive music and draining even more money out of the industry. {Paragraph 46)

7. The Breaching of Limits on Ticket Sales Regulations 2018 are a welcome step in the fight against ticket touts; however, they are not the only solution to the harvesting of tickets. Robust enforcement, technological solutions and the work of primary platforms will be central to combatting the use of bots. We request that in its response to this report the Government lays out how it intends to review the effectiveness of the regulations. We also ask the Government to publish a review of the regulations no later than 18 months from their coming into force, and for it to include how much has been spent by National Trading Standards on monitoring and enforcement activity related to the regulations. (Paragraph 51)

8. This is a time of significant change in the ticketing market, as illustrated by Ticketmaster's new integrated platform; however, voluntary fan-to-fan exchange is not going to solve all the problems in the secondary market. Touting for profit, or harvesting tickets ahead of other consumers, is still a major source of consumer dissatisfaction. We recognise the industry's adoption of technological solutions such as digital ticketing or terms and conditions limiting resale; however, it is important that these are always exercised in the interests of consumers and are not used to stifle competition or unfairly penalise fans who have unknowingly bought tickets on resale sites. (Paragraph 54)

9. It is firstly the responsibility of the advertiser to ensure that they are complying with the advertising code and consumer protection law when marketing their goods and services to potential customers. However, media owners also have a responsibility to the audiences they serve. Google has repeatedly allowed ticket resellers to target customers with products that are being sold in breach of Google's own ad policies and UK law. It is time for companies such as Google to take more responsibility and act against such advertising, or else be considered to be knowingly making money out of fraudulent selling. {Paragraph 59)

10. We ask the Government to set out the responsibilities of companies such as Google to ensure that adverts targeted at their users comply with UK consumer protection law. This should include what action these companies should take against the adverts themselves, and the advertisers. Ticket sellers found to be trading in breach of the law should be prevented from advertising. Companies such as Google should also face some sanction for failing to act against sellers in breach of the law. (Paragraph 60)

Challenges facing music venues

11. The closure of music venues presents a significant and urgent challenge to the UK's music industry and cultural vibrancy. The Government has not acted promptly enough to stem the tide of these closures, which have been happening at a rate unprecedented in other cultural sectors for more than 10 years. The full impact of

129Live music 47

these closures may not be felt immediately; however, there is a real threat that without access to spaces to hone their live craft, the next generation of musicians will struggle to maintain the UK's position at the forefront of the industry. (Paragraph 65)

12. Business rate rises and applying for associated reliefs place a financial and administrative burden on already over-stretched grassroots music venues and independent festivals. The Government should immediately review the impact of

recent business rates changes on the live music sector and introduce new, or extend

existing, relief schemes, such as those for pubs or small retail properties, to lessen the

burden of business rates on music venues. (Paragraph 71)

13. We welcome the inclusion of the 'agent of change' principle in planning policy as there is a legal obligation on local authorities to comply with it; however, robust and consistent implementation of the principle nationwide is crucial for it to be of meaningful benefit to live music venues. Moreover, the principle does not address the full array of development pressures that live music venues experience. We

recommend that in the next legislative session the Government appoints a statutory

consultative body to promote the protection of music venues, provide advice to local

authorities on relevant planning applications and monitor how 'agent of change' is

applied in practice around the country. (Paragraph 76)

14. The Government is expected to produce post-legislative memorandums within three to five years of legislation gaining Royal Assent; however, we are yet to receive such a memorandum for the Live Music Act 2012. The Government needs to conduct thorough scrutiny of the impact of the Act this year. We request that the

Government supplies us with a full post-legislative memorandum for the Live Music

Act 2012 before the end of this parliamentary session. We believe that the Government

should amend the Act to extend its provisions to venues with a capacity over 500 and

beyond 11pm and ask for the memorandum to consider these proposals and set out the

Government's intentions for them. We also ask the Government to extend the creative

industries tax relief to support other forms of music production, in addition to that

already given for orchestral performances. (Paragraph 85)

15. It is unsurprising that the live music sector has a history of under-engagement with Government and funding bodies, given the staffing constraints many venues face and the low rates of support for grassroots venues in Arts Council England's flagship funding programme. Nonetheless, we recognise that the current imbalance in funding is not sustainable and welcome ACE's commitment to engage with music venues and learn from its experiences with other sectors. We ask that in its

next ten-year strategy, the Arts Council makes explicit how it plans to redress the

balance in funding for grassroots venues and contemporary music, with a view to

securing the infrastructure and leadership that will enable them to maximise business

opportunities. (Paragraph 91)

Threats to the talent pipeline

16. While there are many different routes into a career in music, without access to an appropriate education, high-quality facilities or reliable income streams, people from a diverse range of backgrounds will struggle to build viable careers in the industry. It is impossible to know where the next multi-million-selling artist or

13048 Uve music

classical virtuoso will come from, and it is therefore important that young people and musicians have opportunities to develop their talent irrespective of their socioeconomic background. (Paragraph 93)

17. We welcome the Government's intention to review the music curriculum. The Government's independent expert panel should engage musicians from different genres, stakeholders from across the music industry, and young people to ensure the new model music curriculum reflects how people make and consume music in the modern age, as well as the industry's skills-needs now and into the future. (Paragraph 98)

18. In 2013 our predecessor Committee recommended in its report on 'Supporting the creative economy' that arts be included in the list of approved EBacc subjects, and the concerns we have heard during this inquiry suggest the need is no less pressing now. We repeat the call for arts subjects to be added to the EBacc to ensure all students benefit from a creative education at GCSE. (Paragraph 103)

19. Music Education Hubs are a valuable resource and we welcome the Government's commitment to extending the National Plan for Music Education beyond 2020. However, we are concerned that not enough is known about how provision varies between Hubs and not enough emphasis is put on sharing best practice. As part of

its review into the effectiveness of the existing National Plan for Music Education, the Government should conduct a thorough study of where provision by Hubs is good and where it could be improved. We recommend that any future plan ensures all Hubs

have sufficient financial resources and workplace expertise to perform high quality evaluation of their work and impact, and that improved processes are in place to monitor performance and share best practice. (Paragraph 106)

20. Structural problems within the music industry limit artists' ability to earn a sustainable income, and that in turn risks excluding sections of society from a career in music. The industry needs to ensure a greater proportion of its revenues is channelled into supporting artists at the early stages of their careers. We recommend that the Department for Digital, Culture, Media and Sport and UK Music convene a taskforce this year comprised of musicians' representatives and corporate stakeholders to explore how the industry may be supported and incentivised to invest more effectively in supporting grassroots talent. (Paragraph 113)

21. Ensuring frictionless travel for musicians, touring personnel and their equipment is essential for musicians to continue to access work opportunities abroad, and for foreign artists to tour to the UK We support the industry's calls for the introduction of an EU-wide touring visa, which the Government should pursue in its future relationship with the European Union. We also urge the Government to resist any arrangements that would result in the reintroduction of temporary customs documents for touring equipment. (Paragraph 116)

22. Given the Migration Advisory Committee's failure to mention the creative industries in its report, it is important that the Government gives due consideration to the needs of the creative industries when formulating its post-Brexit immigration policy. We welcome the fact that the Government will undertake further consultation before deciding on the salary threshold for skilled workers; however, we maintain the view

131Live music 49

that salary is not an accurate reflection of value to the country's cultural life or economy. We repeat our call for the Government to develop an immigration policy that recognises the broader contribution individuals make, beyond their salary level. We also ask the Government to detail in its response to this report how it will engage with the music industry and consider the industry's views in the formulation of its immigration policy. (Paragraph 121)

132Live music: Government Response to the Committee's Ninth Report of Session 2017-19

Eighth Special Report The Digital, Culture, Media and Sport Committee published its Ninth Report of Session 2017-19, Live Music (HC 733) on 19 March 2019. The Government's response was received on 15 July 2019 and is appended to this report.

Appendix

THE LIVE MUSIC SUCCESS STORY-CONCLUSION/ RECOMMENDATIONS 1 TO 4

1. Live music is a valuable and vibrant part of the UK's culture; however, we cannot take its past success for granted, and must safeguard the industry and spread its benefits more evenly. Historically, this may not have been considered a role for central or local government because of the strength and profitability of the UK's music industry; however, there are practical ways in which policymakers and local authorities can support the sector. (Paragraph 18)

The Government recognises the significant contribution of live music to the UK, both culturally and economically. Government has undertaken a number of measures to support this hugely important industry, including reforming licensing and planning guidance. The Music Export Growth Scheme has distributed over £3m to around 200 music exports projects since its inception in 2014, helping to support the launch of UK music acts to international audiences. Government remains committed to continue working with industry on a range of issues affecting the live sector including licensing and planning. ·

2. We recommend the establishment of regional 'Music Boards: comprising representatives from the music industry, policymakers and other relevant stakeholders, to advocate for the live music sector and promote its interests in planning and policy decisions. We ask the Government to support the formation of such bodies through its devolution deals, or the Local Enterprise Partnerships in areas where no combined authorities have been established. (Paragraph 19)

The Government notes this recommendation and understands that there may be interest in establishing such boards, similar to the existing London Music Board (LMB). The LMB was established in 2016 independently of central government. There is nothing to prevent this model being replicated regionally across the UK should there be interest from those in the music industry, education, the voluntary sector, and other relevant organisations, in forming such a coalition to address sector issues and work towards shared goals.

The Government recognises the value that cultural and creative industries-including music-bring to local places, and engages directly with LEPs to support the growth of these sectors in a regional level. Government has also confirmed that it will work with all Mayoral Combined Authorities and Local Enterprise Partnerships (LEPs) to develop Local Industrial Strategies, which are locally-led and agreed with Government. The West Midlands Local Industrial Strategy was the very first to be published and shows the appetite that LEPs have for promoting the growth of local creative industries. It is important that

1332 Live music: Government Response to the Committee's Ninth Report of Session 2017-19

this type of activity is driven from the grassroots up to ensure it is compatible with an area's regional and local priorities and needs. Government is then ready to engage accordingly and potentially provide appropriate support

3. We ask the Competition and Markets Authority to consider conducting a market study of the music industry to assess whether competition in the market is working effectively for both consumers and those working in the industry. (Paragraph 20)

The Competition and Markets Authority (CMA) is an independent regulator and takes its own decisions regarding market studies.

However, it should be recalled that in 2016 Professor Waterson undertook a Government Review of consumer protection measures in the ticketing market more generally, which of course is of significant interest to the music industry. A key recommendation was that the laws which were put in place should be applied and tested. In its 2017 response the Government agreed and the CMA and the National Trading Standards Board (NTSB) have subsequently worked together to take enforcement action against ticketing platforms and sellers where necessary. This has had some impact on the information provided to consumers but work is ongoing.

4. We welcome the abolition of the Metropolitan Police's form 696 following concerns that it unfairly targeted certain artists and audiences, but it is concerning to hear that prejudices against urban acts persist. Ihe Department for Digital, Culture, Media and Sport (DCMS), Ministry of Housing, Communities and Local Government (MHCLG) and the Home Office should work together to develop guidance for licensing authorities, police forces and music venues on how to collaborate on managing risks to ensure that urban music acts are not unfairly targeted. (Paragraph 24)

Artists and their audiences should not be unfairly targeted simply because of the type of music they choose to perform or listen to. Music from a wide range of genres should be encouraged and embraced, building on the UK's rich musical history. Although the Metropolitan Police took the decision to abolish the use of form 696 in London, the Government is aware of anecdotal evidence suggesting this form or similar is now being used elsewhere in the UK.

The Government also acknowledges the Committee's concerns about persistent negative attitudes towards urban music acts. The Government will continue working with stakeholders, to assess the situation and consider possible next steps. Should significant evidence be presented demonstrating a tangible problem, the Government will consider exploring this as part of a future work strand aimed at protecting and growing the grassroots music sector.

PROBLEMS IN THE TICKETING MARKET-CONCLUSION/ RECOMMENDATIONS 5 TO 10

5. We welcome the changes that the Advertising Standards Authority and Competition and Markets Authority have secured to the business practices of some of the major secondary ticketing platforms; however) we regret that such time and public money is being spent on bringing the platforms, principally viagogo, into line with consumer law that they should have complied with from the outset. We believe

134Live music Government Response to the Committee's Ninth Report of Session 2017-19 3

that viagogo has yet to prove itself a trustworthy operator given its history of resisting compliance, court orders and parliamentary scrutiny, and flouting consumer law. We recognise that it will take the CMA time to prepare evidence on whether viagogo is compliant with the court order against it; however, we are concerned that while that work takes place, consumers remain vulnerable to the site's misleading sales practices. It is imperative that the CMA acts promptly and decisively to bring viagogo into line with consumer law and, until it does so, we advise the public not to buy or sell tickets via viagogo. (Paragraph 41)

The Government is committed to cracking down on unacceptable behaviour in the ticketing market and improving fans' chances of buying tickets at a reasonable price. As noted by the Committee elsewhere in its report, the Government has strengthened legislation in this area, and recent announcements of action by enforcement agencies demonstrate that we are prepared to go after those who flout the law or abuse the ticketing market.

As set out earlier in this response, Professor Waterson undertook a Government Review of consumer protection measures in the ticketing market that was published in 2016. A key recommendation was that the laws put into place should be applied and tested. In its 2017 response to the Waterson Review Government agreed with this and subsequently, the Competition and Markets Authority and the National Trading Standards Board have worked together to take enforcement action against ticketing platforms and sellers where necessary.

6. StubHub and viagogo's ultimate compliance with consumer law should mitigate many of the problems that consumers have previously experienced; however, it would be naive to assume all problems will immediately cease. Indeed, this is recognised in the primary market, which has the STAR Code of Practice and Alternative Dispute Resolution scheme, both of which are also needed in the secondary market. Fans need a quicker and easier process for dispute resolution; given that the ticketing market is the first stage in most fans' journeys, poor experiences risk blighting people's enjoyment of live music and draining even more money out of the industry. (Paragraph 46)

The Government acknowledges the continuing work of the Society of Ticket Agents and Retailer (STAR) as an advocate for a responsible ticketing market, including its comprehensive Code of Practice and work as an approved consumer body for Alternative Dispute Resolution.

The STAR Code of Practice has always covered primary ticket sales and was updated in 2017 to include secondary ticket sales as well. Resale platforms that comply with the law and the Code are therefore already eligible to become members of STAR. The Government encourages them to do so, so that they become part of the industry-wide efforts to improve transparency in the sector and provide a mechanism for customers with outstanding complaints to seek redress through an approved Alternative Dispute Resolution scheme.

As regards industry codes the STAR code is a voluntary one put in place by a trade body. While STAR is open to the secondary sites joining there is no equivalent trade body in the secondary sector. The platforms have developed their own ticket guarantee schemes, the operation of which, the CMA has been looking at in its work on the market.

1354 Live music Government Response to the Committee's Ninth Report of Session 2017-19

7. The Breaching of Limits on Ticket Sales Regulations 2018 are a welcome step in the fight against ticket touts; however, they are not the only solution to the harvesting of tickets. Robust enforcement, technological solutions and the work of primary platforms will be central to combating the use of bots. We request that in its response to this report the Government lays out how it intends to review the effectiveness of the regulations. We also ask the Government to publish a review of the regulations no later than 18 months from thei1' coming into force, and for it to include how much has been spent by National Trading Standards on monitoring and enforcement activity related to the regulations. (Paragraph 51)

The Government welcomes the Committee's support for the Breaching of Limits on Ticket Sales Regulations 2018, and recognises that it can only be part of a package of legislative, enforcement and technological measures to combat abuses in the ticketing market.

Post Implementation Reviews of legislation are normally completed around three to five years from the measure coming into force and on a repeating five-year cycle thereafter, or according to any statutory deadlines. The Government needs to see a proper period of time elapse before evaluating the effectiveness of these Regulations. The Government also needs to assess the impact on the ticketing market from current moves at a European level for all Member States to put in place legislation in this area. It is worth noting that at EU level changes are being made to the list of unfair commercial practices in Annex I of the Unfair Commercial Practices Directive 2005 to address the practice of bots use and so any review would sensibly need to wait for that to be implemented and to have had a running period.

For these reasons, the Government believes that a review of the regulations within 18

months after their introduction will be too soon to assess their effectiveness but will plan to do so within the usual timeframe set out for Post Implementation Reviews.

8. This is a time of significant change in the ticketing market, as illustrated by Ticketmaster's new integrated platform; however, voluntary fan-to-fan exchange is not going to solve all the problems in the secondary market. Touting for profit, or harvesting tickets ahead of other consumers, is still a major source of consumer dissatisfaction. We recognise the industry's adoption of technological solutions such as digital ticketing or terms and conditions limiting resale; however, it is important that these are always exercised in the interests of consumers and are not used to stifle competition or unfairly penalise fans who have unknowingly bought tickets on resale sites. (Paragraph 54)

The music industry itself has a responsibility to adopt practices that max1m1se the opportunity for consumers to get access to tickets via the primary market. Given the cost and the timing of the sales, industry should also consider how consumers who ultimately are unable to attend an event can be protected.

9. It is firstly the responsibility of the advertiser to ensure that they are complying with the advertising code and consumer protection law when marketing their goods and services to potential customers. However, media owners also have a responsibility to the audiences they serve. Google has repeatedly allowed ticket resellers to target customers with products that are being sold in breach of Google's own ad policies and

136Live music: Government Response to the Committee's Ninth Report of Session 2017-19 5

UK law. It is time for companies such as Google to take more responsibility and act against such advertising, or else be considered to be knowingly making money out of fraudulent selling. (Paragraph 59)

AND

10. We ask the Government to set out the responsibilities of companies such as Google to ensure that adverts targeted at their users comply with UK consumer protection law. This should include what action these companies should take against the adverts themselves, and the advertisers. Ticket sellers found to be trading in breach of the law should be prevented from advertising. Companies such as Google should also face some sanction for failing to act against sellers in breach of the law. (Paragraph 60)

As with any other business, the Government expects secondary ticketing platforms to comply with the terms of service associated with search engines' advertising facilities, and for those search engines to take timely and decisive action against businesses that fail to comply with these terms.

Search engines have shown in the past that they are prepared to take action, including taking down advertisements that breach their terms of service, and banning advertisers from using their service in the case of repeated violations. The Government expects them to continue to be vigilant to identify and take action against advertisers in a timely manner.

Google are bound by ASA rules and UK consumer law as regards material that is targeted at UK consumers.

As announced by the Secretary of State on 12 February 2019, DCMS is carrying out a review into Online Advertising and how it is regulated in the UK. The review is still in its scoping phase, but will assess the features of online advertising that allow harms to occur, identifying any potential gaps that may exist in the regulatory system.

CHALLENGES FACING MUSIC VENUES-CONCLUSION/ RECOMMENDATIONS 11 TO 15

11. The closure of music venues presents a significant and urgent challenge to the UK's music industry and cultural vibrancy. The Government has not acted promptly enough to stem the tide of these closures, which have been happening at a rate unprecedented in other cultural sectors for more than 10 years. The full impact of these closures may not be felt immediately; however, there is a real threat that without access to spaces to hone their live craft, the next generation of musicians will struggle to maintain the UK's position at the forefront of the industry. (Paragraph 65)

Grassroots music venues are where so many of our world-class musicians take their first steps on the road to success. They are a vibrant and vital part of the UK's successful creative industries and must be allowed to prosper. The Government has taken a number of steps to protect small and grassroots venues - introducing the Live Music Act in 2012 making it easier for promoters and venues to put on live music events and in 2015, enhancing provisions within the Act to increase audience limits for live music from 200 to 500. These are significant and positive measures to help music and other cultural venues. UK Music's excellent Wish You Were Here 2017 report showed that the number of grassroots venues in London stabilised for the first time in a decade.


The music industry as a whole also needs to consider how to ensure platforms such as grassroots venues remain available for emerging talent. Public investment and initiatives can form a part of this, but to receive public funding some small venues may need to adapt existing business models to focus more strongly on social value-for example, reaching out to new and diverse audiences. That is why Government welcomes initiatives such as the Music Venues Trust's new pipeline investment fund which aims to unite the music industry and key stakeholders around a statement of intent designed to explore how best to protect, secure and improve grassroots music venues for the benefit of grassroots artists.

As already stated, the Government will continue working with industry-including UK Music, Music Venue Trust, Independent Venue Week and Neko Trust-and across government on a range of issues affecting the live music industry. Government aims to look at a number of areas which may include, but not be limited to, planning, licensing and development as part of a wider piece of work aimed at protecting and growing the grassroots music sector.

12. Business rate rises and applying for associated reliefs place a financial and administrative burden on already over-stretched grassroots music venues and independent festivals. The Government should immediately review the impact of recent business rates changes on the live music sector and introduce new, or extend existing, relief schemes, such as those for pubs or small retail properties, to lessen the burden of business rates on music venues. (Paragraph 71)

The Government concluded a fundamental review of business rates in 2016, and has taken repeated action to reduce the burden of business rates for all ratepayers. Since Budget 2016 the Government has introduced a range of business rates measures in England worth more than £13bn over the next five years. This includes switching from RPI to CPI indexation - benefiting all businesses - increasing the frequency of revaluations, and doubling the threshold for 100% Small Business Rate Relief to £12,000 from April 2017 -meaning 655,000 of the smallest businesses, including some small music venues, now pay no business rates at all.

The Government has also introduced a £3.6bn transitional relief scheme to support those business facing bill increases following the 2017 revaluation.

13. We welcome the inclusion of the 'agent of change' principle in planning policy as there is a legal obligation on local authorities to comply with it; however, robust and consistent implementation of the principle nationwide is crucial for it to he of meaningful benefit to live music venues. Moreover, the principle does not address the full array of development pressures that live music venues experience, We recommend that in the next legislative session the Government appoints a statutory consultative body to promote the protection of music venues, provide advice to local authorities on relevant planning applications and monitor how 'agent of change' is applied in practice around the country. (Paragraph 76)

Following close and productive work between the live music industry and the Ministry for Housing, Communities and Local Government (MHCLG), the agent of change principle was implemented in planning policy as part of the revised National Planning Policy Framework, published in July 2018. It applied to planning decisions on publication, and planning policies in local plans submitted after 24 January 2019. The relevant planning

138Live music Government Response to the Committee's Ninth Report of Session 2017-19 7

guidance will also be updated shortly. The Government will continue working with industry to monitor how both individual cases, and local plan policies implement the policy.

Planning law prescribes circumstances where consultation must take place between a local planning authority and certain organisations, prior to a decision being made on an application. The organisations in question, known as statutory consultees, are under a duty to respond to the local planning authority within a set deadline and must provide a substantive response to the application in question. They also have to provide annual reports on their performance in meeting the 21 day deadline in the order.

Local planning authorities are also able to produce and publish a locally specific list of non-statutory consultees, where there are planning policy reasons to engage them.

Any interested party can make representations on a planning application; it is not restricted to statutory consultees. While the live music industry does not have a representative that is a statutory consultees on planning applications, they can work proactively with local councils to identify developments where they might have an interest, and can comment on proposals within the statutory public consultation period. Where they raise issues that are material to the determination of the application in question, local planning authorities must take these into account in reaching a decision. The decision to grant or refuse a planning application ultimately rests with the local planning authority, taking into account all relevant planning considerations and not just the advice from one consultee.

The Government believes appointing a new statutory consultee at this time would not be appropriate. However, we do recognise that planning policy, or the decision-making process, cannot address all the pressures live music venues face as a result of being part of mixed-use, vibrant communities. It is important that the departments leading on policies impacting venues, including DCMS, MHCLG and the Home Office continuing working with the sector through regular meetings, sharing of evidence and exchanging ideas and good practice.

14. The Government is expected to produce post-legislative memorandums within three to five years of legislation gaining Royal Assent; however, we are yet to receive such a memorandum for the Live Music Act 2012. The Government needs to conduct thorough scrutiny of the impact of the Act this year. We request that the Government supplies us with a full post-legislative memorandum for the Live Music Act 2012 before the end of this parliamentary session. We believe that the Government should amend the Act to extend its provisions to venues with a capacity over 500 and beyond 11pm and ask for the memorandum to consider these proposals and set out the Government's intentions for them. We also ask the Government to extend the creative industries tax relief to support other forms of music production, in addition to that already given for orchestral performances. (Paragraph 85)

We do not believe it is necessary to undertake a post-legislative scrutiny of the Live Music Act 2012 (LMA 2012) at this stage. The LMA 2012 was introduced to deregulate specific requirements within the Licensing Act 2003, in order to reduce burdens on grassroots music venues making it easier for them to operate. A full post-legislative scrutiny of the Licensing Act 2003 was undertaken in 2017 to inform the Government response to the

1398 Live music: Government Response to the Committee's Ninth Report of Session 2017-19

House of Lords Licensing Act 2003 Committee's Inquiry. As part of this work, the impact and effectiveness of the LMA 2012 were considered and in its response, the Government set out that:

• It believes the Live Music Act 2012 is working broadly as intended

" There is no case at present for further deregulation, let alone complete removal of all live music related legislation from the Licensing Act.

Further to introducing the Act, the Government has undertaken a number of other measures to support live music:

• Further enhancing provisions within the Act to increase audience limits for live music from 200 to 500;

• Making changes to the permitted development rights, making it easier for wellestablished music and cultural venues to operate;

• Inclusion of the agent of change principle in the National Planning Policy Framework to help protect venues when new housing is built;

• Working closely with the Mayor of London's office, UK Music and a range of other stakeholders on the abolition of Form 696; and

• And the Music Export Growth Scheme has distributed over £3m to around 200 live music export projects since its inception in 2014.

The Government will continue working with industry on a range of issues affecting the live sector.

The Government keeps all tax reliefs under review, and does not have any current plans to extend the existing creative sector tax reliefs to new sectors. HM Treasury would need to assess any new tax relief for its effectiveness at meeting its objectives, cost to the Exchequer, wider economic impacts and ability to stand up to abuse. The current creative sector tax reliefs are targeted at incentivising and supporting the creation of a cultural product, rather than where the product is created or performed.

15. It is unsurprising that the live music sector has a history of under-engagement with Government and funding bodies, given the staffing constraints many venues face and the low rates of support for grassroots venues in Arts Council England's flagship funding programme. Nonetheless, we recognise that the current imbalance in funding is not sustainable and welcome ACE's commitment to engage with music venues and learn from its experiences with other sectors. We ask that in its next ten-year strategy, the Arts Council makes explicit how it plans to redress the balance in funding for grassroots venues and contemporary music, with a view to securing the infrastructure and leadership that will enable them to maximise business opportunities. (Paragraph 91)


ACE is in the process of developing its next ten-year strategy, which is due to be released later this year. ACE has welcomed engagement from a wide range of stakeholders during consultation on the strategy, including many from the live music sector. As the strategy develops, there will be further opportunities for consultation. Additionally, ACE have announced a new ring-fenced £1.Sm budget-Project Grants: Supporting Grassroots Live Music-to support projects hosting and promoting live music in grassroots venues.

THREATS TO THE TALENT PIPELINE-CONCLUSION/ RECOMMENDATIONS 16 TO 22

16. While there are many different routes into a career in music, without access to an appropriate education, high-quality facilities or reliable income streams, people from a diverse range of backgrounds will struggle to build viable careers in the industry. It is impossible to know where the next multi-million-selling artist or classical virtuoso will come from, and it is therefore important that young people and musicians have opportunities to develop their talent irrespective of their socioeconomic background. (Paragraph 93)

AND

17. We welcome the Government's intention to review the music curriculum. The Government's independent expert panel should engage musicians from different genres, stakeholders from across the music industry, and young people to ensure the new model music curriculum reflects how people make and consume music in the modern age, as well as the industry's skills-needs now and into the future. (Paragraph 98)

The Government agrees that every child should be entitled to a high-quality music education. Music remains a compulsory subject in the National Curriculum from age 5 to 14 for state maintained schools, and like maintained schools, academies must provide a broad and balanced curriculum. Ofsted's new inspection arrangements, which will be introduced in September, place a renewed focus on schools ensuring all pupils receiving a broad, balanced and ambitious curriculum, which includes the provision of music and arts subjects, as exemplified by the national curriculum.

Our National Plan for Music Education, published in 2011, sets out our vision for a music education system that enables children from all backgrounds and every part of England to have the opportunity to learn a musical instrument; to make music with others; to learn to sing; and to have the opportunity to fulfill their potential. As part of the plan, the Government has established music education hubs, which have grown to a network of 120 working with 89% of state schools. We are reviewing the National Plan for Music Education and will be consulting widely to inform its future direction.

In addition, to support the high-quality teaching of music, the Government announced in January 2019 that we are developing a non-statutory model music curriculum. This new model curriculum is being developed by a group of teachers, education leaders and musicians. It will provide schools with a sequenced and structured template curriculum for Key Stages 1, 2 and 3. As well as ensuring all pupils can benefit from knowledge rich and diverse lessons, the aim is that the curriculum will make it easier for teachers to plan lessons and help to reduce workload. This document builds on but does not replace


the statutory National Curriculum, which was reviewed in 2014. The work on a model curriculum will not change the statutory requirements, but rather will support teachers in delivering high quality music lessons.

Music industry groups and practitioners are being involved in the development of both the model music curriculum and the review of the National Plan for Music Education.

18. In 2013 our predecessor Committee recommended in its report on 'Supporting the creative economy' that arts be included in the list of approved EBacc subjects) and the concerns we have heard during this inquiry suggest the need is no less pressing now. We repeat the call for arts subjects to be added to the EBacc to ensure all students benefit from a creative education at GCSE. (Paragraph 103)

The subjects that make up the EBacc are based on those which best equip pupils for further study or the workplace and are considered essential for many degrees. They provide a sound basis for a variety of careers beyond the age of 16. In 2018 on average, pupils in state-funded schools entered eight GCSEs and equivalent qualifications, rising to nine for pupils with high prior attainment.

The EBacc does not mean that pupils can no longer take GCSE arts subjects. It was specifically designed to be limited in size, consisting of 5 subject areas: English, maths, science, history or geography and languages. This enables pupils to have the opportunity to continue to study other important subjects such as music and art & design at GCSE.

Since the EBacc was announced in 2010, the proportion of young people taking at least one arts GCSE has fluctuated across years, but has remained broadly stable. Additionally the percentage of time spent teaching music in secondary schools has remained broadly stable.

The Government also knows that many students decide not to study arts subjects as academic subjects, but nevertheless continue to develop skills, knowledge and enjoy taking part in the arts, in school and out, by, for example, singing in choirs, playing in orchestras and bands, and acting in school plays.

As part of the Government's ongoing commitment to the arts, the Department for Education (DfE) committed almost £500m of funding in 2016-20 to support a diverse portfolio of music and arts education programmes, making it the second highest funded element of the curriculum behind PE. These programmes are designed to improve access to the arts for all children, regardless of their background, and to develop talent across the country. This includes over £300m for music education hubs, almost £120m for the Music and Dance Scheme, which allows exceptionally talented children to attend specialist music and dance institutions, and over £16m for a variety of cultural education programmes including Saturday Art and Design Clubs, the National Youth Dance Company and the BFI's Film Academy programme,

19. Music Education Hubs are a valuable resource and we welcome the Government's commitment to extending the National Plan for Music Education beyond 2020. However, we are concerned that not enough is known about how provision varies between Hubs and not enough emphasis is put on sharing best practice. As part of its review into the effectiveness of the existing National Plan for Music Education, the Government should conduct a thorough study of where provision by Hubs is good and where it could

142Live music Government Response to the Committee's Ninth Report of Session 2017~19 11

be improved. We recommend that any future plan ensures all Hubs have sufficient financial resources and workplace expertise to pe1form high quality evaluation of their work and impact, and that improved processes are in place to monitor performance and share best practice. (Paragraph 106)

In 2012 the Government established a network of music education hubs to support the teaching of music both in and out of school. These 120 hubs are being supported by over £300m between 2016 and 2020.

In January 2019, the Government increased the music education hubs' funding by an extra £1.33m. According to an independent report, the hubs have reached 89% of schools and seen over 700,000 pupils learning instruments together with their classmates in 2016/17.

DfE and DCMS work closely with Arts Council England (ACE) as fundholders to monitor the delivery of the music education hubs programme. The Arts Council is accountable for the oversight of music education hubs and the hubs' delivery of their core and extension roles, and improvements to local and national provision.

Music education hubs work collaboratively and in partnership with a wide range of organisations. ACE is investing £500k during 2018-20 in a hub support programme of activity which supports sharing of effective practice and opportunities for development. Hubs are taking an active role in their development and have helped to shape this programme. Many hubs engage in local and national peer learning networks, including those supported by Music Mark. Drawing on the expertise within hubs will be important in helping shape the new National Plan for Music Education (NPME).

Birmingham City University has been commissioned to undertake an independent analysis of hub data. This analysis is undertaken each year and the resultant report is published on the Arts Council's website alongside hubs' performance data. The report is expected to be published early in the autumn. The Government will be reviewing the NPME for 2020, and will consider the Committee's recommendation as part of that process. Drawing on the expertise within hubs will be important in helping shape the new NPME.

20. Structural problems within the music industry limit artists' ability to earn a sustainable income, and that in turn risks excluding sections of society from a career in music. The industry needs to ensure a greater proportion of its revenues is channelled into supporting artists at the early stages of their careers. We recommend that the Department for Digital, Culture, Media and Sport and UK Music convene a taskforce this year comprised of musicians' representatives and corporate stakeholders to explore how the industry may be supported and incentivised to invest more effectively in supporting grassroots talent. (Paragraph 113)

There are a number of organisations already doing excellent work here. For example, the PRS Foundation invests in the future of music by supporting talent development; British Underground produces international showcases and strategic development projects in music and the arts focusing on international success; Youth Music invests in music-making projects, bringing opportunities for children to learn new musical genres and supporting ground-breaking initiatives in deprived areas; through its MAP (music academic partnership) UK Music is linking industry and academia on collaborative projects such as research and careers events, informing and engaging with the next generation of industry professionals and providing opportunities to individuals who want to build careers in the music industry.


And, as already mentioned, the Music Venues Trust's new pipeline investment fund aims to unite the music industry and key stakeholders around a statement of intent designed to explore how best to protect, secure and improve grassroots music venues for the benefit of grassroots artists.

The Government works closely with all these organisations and will continue to do so to ensure that the UK can continue to produce and nurture outstanding artists and music industry professionals. Again, there is potential for this to be further explored as part of the wider piece of work around the grassroots music sector and the Government will consider hosting a round table bringing together those representing artists and appropriate corporate stakeholders for an initial discussion.

21. Ensuring frictionless travel for musicians, touring personnel and their equipment is essential for musicians to continue to access work opportunities abroad, and for foreign artists to tour to the UK. We support the industry's calls for the introduction of an EU-wide touring visa, which the Government should pursue in its future relationship with the European Union. We also urge the Government to resist any arrangements that would result in the reintroduction of temporary customs documents for touring equipment. (Paragraph 116)

The Government recognises that touring is the life-blood of the music industry and is working to secure the best possible arrangements for the Creative Industries sector as part of our future relationship with the EU. The White Paper on the Future SkillBased Immigration System, published in December 2018, set out plans for supporting professionals in the Creative Industries to continue to work in the EU and vice versa, including reciprocal mobility arrangements for temporary workers, such as touring musicians and crews.

On touring equipment, the Political Declaration, agreed with the EU on the terms of our future relationship, sets out the government's plans for a wide-reaching agreement on culture with the EU that will enable the Creative Industries to continue to benefit from cultural exchange and cooperation. It contains a specific reference to the importance of mobility and temporary movement of objects and equipment in enabling cooperation in the cultural and creative sectors.

22. Given the Migration Advisory Committee's failure to mention the creative industries in its report, it is important that the Government gives due consideration to the needs of the creative industries when formulating its post-Brexit immigration policy. We welcome the fact that the Government will undertake further consultation before deciding on the salary threshold for skilled workers; however, we maintain the view that salary is not an accurate reflection of value to the country's cultural life or economy. We repeat our call for the Government to develop an immigration policy that recognises the broader contribution individuals make, beyond their salary level. We also ask the Government to detail in its response to this report how it will engage with the music industry and consider the industry's views in the formulation of its immigration policy. (Paragraph 121)


Freedom of movement will end when the United Kingdom leaves the European Union and the new immigration system will be rolled out in 2021. Our immigration system will be based on skills, not nationality. And we will continue to attract the most talented people from across the world to come to the UK.

The Migration Advisory Committee advised that a £30,000 salary threshold should apply. Government is engaging with the music industry as businesses deliver evidence during the year long consultation period. For example, on Wednesday 5 June, Minister for Digital and Culture, Margot James MP and Immigration Minister Caroline Noakes MP met with representatives from the creative industries as part of the Home Office's extensive 12-month programme of engagement on the future skills based immigration system.

Documents

Queen of the South (Formerly The White Hart...Letter of Support - David Chipperfield Architects 67 10. Letter of Support - Drop Out 68 11. Letter of Support - Helena Atkins 69 12