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fullcontact68
16-04-2014, 05:13 PM
Hi All,

I've just had a request for a quote to provide the music for a street party for kids. 3 - 7 in the afternoon.

From my understanding, since this would be a public performance, and not a private gig, that a public play licence would be required, which I don't have.


Has anyone done a street party, and know the legal side of this?


The party is actually going to be paid for by an housing association.


Many thanks
Edward.

Excalibur
16-04-2014, 07:57 PM
Hi All,

I've just had a request for a quote to provide the music for a street party for kids. 3 - 7 in the afternoon.

From my understanding, since this would be a public performance, and not a private gig, that a public play licence would be required, which I don't have.


Has anyone done a street party, and know the legal side of this?


The party is actually going to be paid for by an housing association.


Many thanks
Edward.

PPL/PRS (http://www.ppluk.com/I-Play-Music/Businesses/Why-do-I-need-a-licence/#doineedalicence) unsurprisingly want you to have one.


Wandsworth Council (http://www.wandsworth.gov.uk/info/200254/street_parties/925/how_to_organise_a_street_party) however seem to take a more pragmatic view.

Me, I've got absolutely no idea. Sorry.
There are a couple of members on here who are likely to have much more idea.

DazzyD
16-04-2014, 09:52 PM
Grey area, this one.

Having organised a street party before, and getting all the necessary advice and permissions, technically, if the attendees have all been given individual invitations then it could be said that it's a private party and not accessible to members of the "general public" then a public performance licence would not be required. However, this is not the case if anyone can turn up. If the party has been advertised in advance inviting the wider public to attend then it's no longer a private party and you will need a public performance license.

The best person to speak to is Licensing Officer at your local council who will give you all the advice you need.

musicology
16-04-2014, 10:26 PM
Does it really matter?

Excalibur
16-04-2014, 10:51 PM
Does it really matter?

Indeed it does. That's why we are trying to give the best and most accurate advice possible.

fullcontact68
17-04-2014, 08:34 AM
Who is responsible for looking into this, the DJ or the organiser?

It's only open for street residents, so will not be classed as public, however, if live or recorded music is to be played, then potentially a TENS licence is required (From my initial findings)

mattydj50
17-04-2014, 12:01 PM
Who is responsible for looking into this, the DJ or the organiser?

It's only open for street residents, so will not be classed as public, however, if live or recorded music is to be played, then potentially a TENS licence is required (From my initial findings)

The TEN (Temporary Event Notice) Licence from your local council will give permission for holding the event. I have come across that with local shops when I've done outdoor promotions for them.

Link here: https://www.gov.uk/temporary-events-notice

As previous I suggest you speak with the local council and speak with PRS for music to discuss what is actually required. If they tell you and you comply with whatever they advise, you are home and dry.


"Does it really matter" - what a stupid comment.

musicology
17-04-2014, 05:07 PM
Quite simply it's not the booked Dj's problem. And don't call me stupid

Excalibur
17-04-2014, 05:25 PM
"Does it really matter" - what a stupid comment.


Quite simply it's not the booked Dj's problem. And don't call me stupid

Now now ladies, step away from the :handbag:
First up, as I said earlier, it's an important matter. If it stops an organiser or DJ from falling foul of the law, that's a good thing.
Second, I'm not convinced that the DJ can claim " it's nothing to do with me guv ", cos I'm sure they'll be responsible somewhere ( Though I'm prtepared to be proved wrong on this )
And thirdly, my favourite area of expertise, semantics. While the comment may possibly be construed as " stupid ", it in no way follows that the person who made the initial comment is in fact stupid, why I've made many a stupid comment or question when it comes to computers. :D:D:D

mattydj50
18-04-2014, 12:21 PM
It may not be the DJs responsibility to ensure or obtain the licence for the particular premises and event involved (unless you are the promoter perhaps).

However, it will always remain the responsibility of the DJ to check that the venue you are working in, is correctly licensed for music before working there. If the venue is not licensed, and if it happens to be visited by the license enforcement team or an inspector then you may find yourself being held jointly liable with the venue owner should a prosecution be considered, so its always wise to ask, if their music license is not visible in the premises or above the door.

"I didn't know" is not an excuse.

And, yes, it was the suggestion that it "did not matter" that I considered stupid not the person making the comment.

DazzyD
20-04-2014, 10:44 PM
Who is responsible for looking into this, the DJ or the organiser?
...


Quite simply it's not the booked Dj's problem. And don't call me stupid

That is not correct at all. It's the DJ's responsibility to check that correct licences are in place before performing. It's the DJ that is effectively breaking the law by playing the music regardless of who the promoter or organiser is. The organiser isn't the one playing the music! There's been a case in the local paper of a pub that didn't have the correct licence in place (it wasn't renewed after it had expired) and the authorities took joint action against the landlord and the DJ. I think the landlord had argued that he had hired the DJ as a "self-contained" service and that would have included organising the appropriate licences and permissions. The DJ had argued that it'd always been the responsibility of the venue to arrange the licence. I think the ruling was that both parties had "joint and several liability" to ensure that the licences were in place at the time of the performance. I remember this article quite vividly as this was when I included licences in my T&Cs. I can't find anything regarding this on line but there are a lot of articles where gym owners are saying they use freelance trainers and teacher's and it's their responsibility for PPL and not the gym's. I can easily see this being applied in our situation as this sounds very much like my landlord v DJ case.

The Temporary Event Notice (TEN) is not a licence to allow you to play copyrighted music. It is the document issued when you've satisfied the local council that followed all the laws and by-laws for the locality and they are assured that you are capable and responsible. You would have also had to satisfy them on H&S grounds, too. It's basically saying "Yeah, we're happy you've done all your groundwork and you can have your event now"!!! To play your music, you may still need PPL.

musicology
21-04-2014, 09:37 AM
.....

chrisj
21-04-2014, 11:26 AM
Bit if a twister, this one. Who plays background music at fetes? If so do you check they have the correct license because you should do.

http://www.ppluk.com/I-Play-Music/Businesses/How-much-does-a-licence-cost/Churches/

Always worth checking. I play at a council run fete every year and they provide the PPL.