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Community Buildings Legalities

Licensing Act 2003
In July 2010 responsibility for the Licensing Act 2003, except in relation to regulated entertainment, transferred from the Secretary of State for Culture, Olympics, Media and Sport to the Home Secretary. In August, The Home Office ran a short six week consultation on a number of changes that it is hoped will be introduced through the Police Reform and Social Responsibility Bill, which should achieve Royal Assent next year. Views received from Cheshire Village Halls were included in the ACRE response to the consultations.

 
The main areas that could have implications for rural community buildings are Section 7, Temporary Event Notices and the proposals with regard to fees in Section 10, Reducing Burden and Bureaucracy of Licensing and Covering its Cost.
Details of the results of the consultation will be posted on the website when available.
 
Disability Discrimination Act
The accessibility requirements of this act came into force on 1 October 2004. The act requires the occupiers of all properties that are open to the public to make sure that all reasonable steps are taken to make sure that no people are prevented from gaining access and using the building. The first action required it to carry out an audit of the accessibility of the building and from this starting point to put into effect a series of actions and procedures that reduce these problems to a reasonable level. 

Disability Discrimination Act Further Information

Music Licensing
The playing of music in community building, pre recorded or otherwise has required the need for up to two licenses.
Phonographic Performance Ltd (PPL) issue licences and collect the royalties due under copyright law when sound recordings are used in public on behalf of the companies producing the records, tapes or CDs. No licence is needed and no royalties are payable when the public performance is beneficial to, or part of, the activities of an organisation whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare. This of course includes events organised by the management committee of a charitable village hall and by other charities using the hall. The Performing Right Society Ltd. (PRS) is a non-profit association, founded in 1914, representing music creators (composers and authors) and music publishers. The fee for Village Halls is 1% of hall charges, 11/2% for the first payment.

The Government have been meeting with the Community Sector Law Monitoring Group (CSLMG) to simplify the existing law. The result, after consultation is to combine the 2 licenses and to remove the charities exemption (Option 1).
An alternative option (Option 2) which gave exemption from both charges to charities with an income of less than £2,000 was rejected; these are some of the reasons

It created an unfair balance between the interests of right holders and users
Turnover does not relate to how much an organisation uses music or for what purpose (for example, as background music or to raise funds).
They anticipated that administration, negotiation and legal costs for both users and collecting societies would grow if this option was adopted.
The full details can be found on http://www.ipo.gov.uk/govresponse-musiclicensing.pdf

The notes say that this is likely to mean an additional cosy of about £100 per year in addition to the existing PRS charges.