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Garden party licensing


AdrianP

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Hi all

I'm seeking the forum's collective wisdom on licencing issues. Specifically,  a party we're playing for a relative in a couple of months. As some background, all of the gigs we've played so far have been in licenced venues where we've not even had to think about the issue ourselves. But we're shortly going to be playing a paying gig in a marquee for a relative. This will be set up in their garden.

I can be certain that she won't have thought about licensing but do we? What sort of licence do we need? Anything else to think off? Apart from being as professional as we would normally be and not to pee off the neighbours, of course. We'll be playing rock covers, if that helps. I just don't want to wing it and hope for the best.

Thanks all.

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2 minutes ago, hiram.k.hackenbacker said:

I'm assuming you're asking with reference to the music rather than alcohol?

Oh yes, absolutely.  I should have been clear it's the music licencing that interested me, not the alcohol. There'll be booze, but that's down to them. And yes, it's playing to a private event so no tickets involved. The band will be paid (obviously, not me though!) But it is definitely a private event.

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2 minutes ago, Newfoundfreedom said:

Yup. As far as I understand it you don't need any kind of licence. It's a private party, as long as no one is being relieved of any money in the form of ticketing (or to buy alcohol bit that's a separate issue) then there's no problem. 

Great. That's exactly what I wanted to hear. Thanks all.

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Just because you dont need a licence for the music, doesn't mean it would be allowed. Youd then have to look at noise and nuisance issues in a residential area etc, unless the neighbours are ok with it.

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Thanks all. Actually,  I think the neighbours are invited and quite looking forward to it. We are planning on making some noise but I imagine it will all be done and over by 21.00, let alone 23.00. So I really hope that the natives won't get too restless. 

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I had a party in the style of a rock concert a couple of years ago. 300 people, three bands, street food stalls, bar, shoulder massages, fortune teller, trick bikes, photographer and camping. All on my private land. As someone said, if there is no charge for entry ( I also covered the food and drink costs), there is no issue re licensing. 

I did, however, have public liability insurance and a medic and a security guard in attendance. As the party was for the locals and 99% attended, there was no noise issue. We finished the music at midnight. 

It was actually a great event in terms of showing how good country folk can be in working together. The local Boy Scouts looked after the parking, another landowner with gated access to the local road gave up a field for parking, a local cricket club lent the marquee, straw bales for seating came from a local farmer, the (luxury) portaloos were rented at a discount from a local portaloo business owner, the gazebos lent by a local crèche business. Beer / wine / spirits and soft drinks came via the local  pub, who also ran the free bar (free to the guests) and a hog roast. Food came from sourced street food vendors, the groove, rock and blues bands were all pro bands and the stage and lighting came from a local festival stage and lighting business. It was not a financially cheap event for my wife and I, but it was easy to get people to chip in and help. All invited guests were given wristbands with the party name on it and no food or drink was given out without a showing of the band. The security guard cleared off some local yoof who tried to raid the bar early in the Sunday morning and the medic sorted some twisted ankles. The photographer put together a great coffee table book of the event.

I seemed to have ranted on but the memories of the event keep coming back with a smile. I hope your party goes as well. 

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Just double-check that none of the neighbours in earshot wrote any of the songs you're covering. Had a close call when my soul band played Auntie Maureen's garden party in Detroit a while back...

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We got married last year, in a marquee, in a friend's garden in a suburban area.   We had a ceilidh band and music played loudly through the PA with bass bins. 

We went around the neighbours that we thought would be affected a week beforehand just to say what has happening and apologising in advance for any disruption. 

Turns out nobody heard a thing as the marquee soaked up almost all the noise and the garden walls/plants dealt with the rest.  The sound didn't travel at all.  Noone lost any sleep - except us as we partied till 4am.

I wouldn't worry about it.

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2 hours ago, Kevsy71 said:

Just double-check that none of the neighbours in earshot wrote any of the songs you're covering. Had a close call when my soul band played Auntie Maureen's garden party in Detroit a while back...

Haha! In that case, seeing as the party is being held in the deepest of south west Essex,  we should be safe as long as we steer clear of any Depeche Mode covers?!

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There is always one miserable git.

I'm not a lawyer but a few years ago I researched copyright and performing rights for a short article. You need a licence I believe, legally at least. The chances of you being caught are remote though being on a forum won't help. There was one case where a garage mechanic had the radio on loudly in his workshop, which had no public access. He was successfully sued by Performing Rights on the basis that someone walking past might listen to his radio. That is despite the fact that this was the BBC who had already paid the copyright. 

In practice I'd imagine it would be the organisers of the event that would be liable and if it bothers you then you could email them (evidence) and say that you don't have a licence and suggest they look into it by contacting PRS https://www.prsformusic.com/ . PRS will then have ruined another friendship.

To be honest though it is unlikely that anyone would ever find out about a one off private event.

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1 hour ago, Phil Starr said:

There is always one miserable git.

I'm not a lawyer but a few years ago I researched copyright and performing rights for a short article. You need a licence I believe, legally at least. The chances of you being caught are remote though being on a forum won't help. There was one case where a garage mechanic had the radio on loudly in his workshop, which had no public access. He was successfully sued by Performing Rights on the basis that someone walking past might listen to his radio. That is despite the fact that this was the BBC who had already paid the copyright. 

In practice I'd imagine it would be the organisers of the event that would be liable and if it bothers you then you could email them (evidence) and say that you don't have a licence and suggest they look into it by contacting PRS https://www.prsformusic.com/ . PRS will then have ruined another friendship.

To be honest though it is unlikely that anyone would ever find out about a one off private event.

IIRC the BBC licence is for broadcast to private listeners only, and anyone using their radio in a public area are effectively rebroadcasting and also need a licence.

The PRS licence will be required by the organisers of the event and has nothing to do with the band(s) playing - unless they are the organisers.

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On ‎06‎/‎05‎/‎2019 at 20:33, hiram.k.hackenbacker said:

Noise nuisance is fairly low on the Police priority list.

When we lived in a housing co-operative in a very swish square in Pimlico in the early 90s we had a party featuring our band...

First we heard about any complaints (we were loud, to be fair, though the square was also very large, having a cricket pitch in the middle!) was an entire van-full of police who insisted we ceased and desisted with the racket there and then... And the cop in charge was a super, not just a lowly sarge. So it depends on who's being nuisanced!

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1 hour ago, Leonard Smalls said:

When we lived in a housing co-operative in a very swish square in Pimlico in the early 90s we had a party featuring our band...

First we heard about any complaints (we were loud, to be fair, though the square was also very large, having a cricket pitch in the middle!) was an entire van-full of police who insisted we ceased and desisted with the racket there and then... And the cop in charge was a super, not just a lowly sarge. So it depends on who's being nuisanced!

More a case of Policing in the early 90s being a different ball game to 2019, I'd say.

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1 hour ago, Paul S said:

different ball game

Possibly!

However, our roadie had a large dog with a very fluffy tail he held up like a flag at all times... While the Super was remonstrating with our guitarist, Merlin the dog ran through the policeman's legs, his tail brushing the chap's truncheon very gently and furrily. The copper looked around, saw no-one who could possibly have caressed him so tenderly, and left very quickly. His sergeant sniggered and told us to keep it down a bit, then they all drove off.

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4 hours ago, BigRedX said:

IIRC the BBC licence is for broadcast to private listeners only, and anyone using their radio in a public area are effectively rebroadcasting and also need a licence.

The PRS licence will be required by the organisers of the event and has nothing to do with the band(s) playing - unless they are the organisers.

You are correct about the BBC license but unless I was wrongly advised, also by a lawyer, you do not need a license of any kind to hold a private party on private land with live music where the attendees are non paying friends. 

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5 hours ago, Leonard Smalls said:

When we lived in a housing co-operative in a very swish square in Pimlico in the early 90s we had a party featuring our band...

First we heard about any complaints (we were loud, to be fair, though the square was also very large, having a cricket pitch in the middle!) was an entire van-full of police who insisted we ceased and desisted with the racket there and then... And the cop in charge was a super, not just a lowly sarge. So it depends on who's being nuisanced!

When I lived in Tenerife we had an afternoon party around the apartment blocks pool.

We were "asked " to stop playing by half a dozen Guardia Civil with automatic weapons pointed at us and the threat of having our equipment confiscated if we made any more noise😨

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