Amended guidance issued under section 182 of the Licensing Act ...

15.22 In addition, subsection (4) of section 177 provides that where• a premises licence or club premises certificate authorises the provision of musicentertainment, and• the premises have a permitted capacity limit of not more than 200 persons then, duringthe hours of 8am and midnight, if the premises are being used for the provision ofunamplified live music or facilities enabling people to take part in such entertainment,but no other type of regulated entertainment, any conditions imposed on the licence bythe licensing authority, again other than those which are consistent with the operatingschedule, which relate to the provision of that music entertainment will be suspended.15.23 The “unamplified” music exemption covers any premises appropriately licensed, including,for example restaurants.15.24 The area to which the 200 “permitted capacity limit” applies concerns the area covered bythe terms of the premises licence or club premises certificate. In this context, the capacitymust be where the fire and rescue authority has made a recommendation on the capacityof the premises under the Fire Safety Order (see Chapter 2). The permitted capacitylimit is only applicable to part of the premises where that part has been separately andaccordingly licensed.15.25 Section 177 can be disapplied in relation to any condition of a premises licence or clubpremises certificate following a review of the licence or certificate. This means thatconditions attached to the existing premises licence relating to the provision of musicentertainment can be given effect at the relevant times or that new conditions may alsobe imposed as an outcome of the review process.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003121