Background Section 177 of the 2003 Act
11.Section 177 of the 2003 Act contains provisions about dancing and live music in small premises. It applies in two different situations:
	Firstly, where a premises licence authorises both the supply of alcohol for consumption on the premises and the provision of “music entertainment”(1). Provided that the premises: (1) are used primarily for the supply of alcohol for consumption on the premises; and (2) have a permitted capacity of not more than 200 persons, then conditions imposed by a licensing authority relating to the provision of live music do not have effect at any time when the premises are open for the supply of alcohol and are being used for music entertainment. However any such conditions will have effect if the licensing authority considers that imposition of a condition is necessary on the grounds of either prevention of crime and disorder or public safety; or if they are altered or added as a result of a review of premises licence(2) and include a statement that section 177 does not apply.
	Secondly, where a premises licence authorises the provision of music entertainment and the premises have a permitted capacity of not more than 200 persons. If such premises are being used between 8am and midnight for the performance of unamplified live music or the provision of facilities for enabling persons to take part in such a performance, and are not being used for the provision of any other description of regulated entertainment, then conditions imposed by the licensing authority relating to music entertainment do not have effect. However any such conditions will have effect if they are altered or added as a result of a review of the premises licence and include a statement that section 177 does not apply.
12.As well as applying to premises licences, section 177 also applies to club premises certificates(3), with the modifications set out in subsection (7).
13.The Act:
	amends section 177, so that that section would apply only to dancing;
	adds a new section 177A dealing with live music; and
	makes amendments to Schedule 1.
14.Further detail about the effect of the Act is contained in the section below headed “Commentary on Sections”.