London's Grassroots Music Venues: Rescue Plan

Home , 100 Club, 12 Bar Club, Marquee Club, Toilet circuit

Greater London Authority October 2015

To comment on this report please email [email protected]

Greater London Authority City Hall, London SE1 2AA www.london.gov.uk enquiries 020 7983 4100 minicom 020 7983 4458

Written and researched by The Mayor of London’s Music Venues Taskforce 3

Contents

Page

Executive summary 4

The Mayor of London’s Music Venues Taskforce 5

Why London needs grassroots music venues 7

Why one third of London’s grassroots 13 music venues have closed

Recommendations of the Mayor’s 23 Music Venues Taskforce

The technical stuff 33

Defining grassroots music venues – 34 cultural and social role

Defining grassroots music venues – 35 amenities & infrastructure

Defining grassroots music venues – 36 economic activity

Audit of London music venues 38

Causes of decline 41

Information for planners and developers 43 4

Executive summary

The Music Venues Taskforce grassroots music venues was set up by the Mayor of undertake has not been properly London to work out why so supported. There is now a need many music venues have to rebuild London’s grassroots closed and what impact this is venues and invest in new talent having on London’s culture and so that all parts of the music economy. The Taskforce has industry ecosystem return to found that London’s grassroots full health. music venues are pivotal to the ongoing success of the UK The Taskforce has proposed music industry and contribute a rescue package for music to London’s desirability as a venues that address these place to live, work and visit. problems. This follows These small and medium extensive consultation with sized venues nurture talent, government, local authorities create communities and and the music industry. ferment innovation. The report also sets out an ambition to create new venues However, planning, licensing, and harness the benefits of policing and fiscal policy is London’s tourism boom through struggling to balance the needs new promotional campaigns. of grassroots music venues with those of residents and But most importantly the businesses. An increasing Taskforce calls for a change in population means that the way we think about music residential development is venues. Grassroots music taking place cheek-by-jowl venues are cultural spaces, with night-time activity. This risk-takers, hubs of innovation pressure, coupled with rising and place-makers. They need property prices and increasing to be recognised as such costs for grassroots music in policy documents. Music venues, is proving too much venues also need to enter the and venues are closing. day-to-day conversations of economists, planners, licensers, The Taskforce has also found police, tourism experts, culture signs of market failure within the professionals and music music industry. The research industry decision makers. and development function that 5

The Mayor of London’s Music Venues Taskforce

Mark Davyd Jeff Horton Music Venue Trust (Chair) Owner, 100 Club

Andrew Russell Paul Broadhurst Senior Planning Officer, Senior Cultural Policy Officer, Greater London Authority Greater London Authority

Auro Foxcroft Tom Kiehl Owner, Director of Government Village Underground Relations and Public Affairs, UK Music Dave Webster National Organiser Live Performance, Musicians’ Union

Frank Turner © Nicole C. Kibert LEt

Why LonDon neeDs grassrooTs Music Venues 8

“I moved to London at age 18 to make my way in music. Since then the city and its scene has changed a lot, and not always for the best. I’ve seen a lot of the venues that gave me the chance to experiment and grow as an artist disappear. Without the spaces for new talent to discover itself and its audience, music in London will die a slow death, and the UK will lose a huge part of its culture. Something needs to be done to protect these spaces.” Frank Turner, musician

Between 2007 and 2015, cut their teeth in 1963 whilst the London lost 35% of its Marquee Club launched The grassroots music venues, Who with their legendary a decline from 136 spaces residency in 1964; the 100 programming new artists to Club thrust the Sex Pistols and just 88 remaining today. Iconic Punk upon the 70’s; the New names like the Marquee Club, Romantic movement coalesced the Astoria, the 12 Bar Club at Billy’s in the early 80’s; and Madame Jojo’s and the Falcon, the Monarch, disappeared from the map. and numerous other Camden Those venues were big players venues formed the breeding in the music history of London, ground of 90’s Britpop. they fed the UK’s £3.8 billion music industry with a stream of London’s grassroots venues talented acts and they were part have shown that they’re of the international story prepared to take risks with their of “Brand Britain”. programming. In 2006 a raw new talent called Adele played Since the 1950’s London has her first show at the 12 Bar played host to a thriving circuit Club. Six years later her second of grassroots music venues: album “21” was the biggest- the 2 I’s Cafe in Soho was the selling global music release of birthplace of British Rock and the year. Stepping-stone venues Roll in the ‘50s; The Ealing Club like the 12 Bar Club enable was where the Rolling Stones artists like Adele to progress, 9 ultimately generating £2.2 marketing and promotion. billion in exports and sustaining Increasing numbers of venues 111,000 jobs in the UK. are also working with schools and colleges to take on Whilst sales of recorded music apprentices, many of whom are in slight decline, demand for will go on to work in London’s live performances is increasing, creative industries. merchandising is thriving and music tourism is a burgeoning The music scene has become industry. London’s live gigs and the defining feature of some festivals attracted 6.6 million parts of London. Local people last year, around half of economies spring up around which were tourists. However music venues and clusters the demand by festivals and of associated industries arenas for talented new acts is emerge such as fashion, not being met. communications and PR, publishing and media. Camden Grassroots music venues are Town is an internationally a major factor in regenerating renowned example. People look urban areas. Their presence to invest and live in such areas benefits town centres, high specifically because of the buzz streets and local communities across London. The local night- time economy also benefits “There are not enough from audiences attending shows big acts to headline at music venues. Going to a gig [festivals]. That is a is an enriching social activity big, big problem in and every gig brings hundreds of people into an area who our industry. We are also use local pubs, bars, taxis not producing a new and restaurants. generation of these kind of acts – the likes of the The multiplier benefits of Rolling Stones, Muse, grassroots venues means that they generate jobs. As well even Arctic Monkeys – as supporting the hundreds that can headline.” of micro-businesses that go Harvey Goldsmith, promoter on stage every night, venues incubate new talent in valuable ‘back-of-house’ jobs such as lighting, sound engineering, 10

“It’s about where people want to live. A lot of business people don’t like Frankfurt. They much prefer London for its cultural offering. If you speak to any teenager in Europe and ask where they want to live they say London. It has this great energy. People from all over the world gravitate here like they do to New York” Alex Werner, Museum of London

on offer, the breadth of job opportunities and the chance to connect with people of the same outlook.

London is a youthful city with more than half of the working population under 40 years old. Businesses rely on recruiting young people who want to move to the capital. A great music scene is one of the big attractions for those who are looking to re-locate. Without such a comprehensive music offer, and all of the associated industries, London’s international pulling power will diminish.

The old-fashioned view that grassroots music venues cause noise and nuisance doesn’t reflect the modern reality of these responsible small businesses. Grassroots venues shouldn’t be confused with pubs that put on occasional live acts. They are specialists in cutting- 11

“There was a website that listed every promoter that did acoustic nights and I emailed every single one. There was probably about 300 of those gigs and I got about 50 replies. I did all those gigs. And then I went back and did them again. And again”. Ed Sheeran, musician

edge music and their audiences shows that productivity in the are surprisingly sober: at creative sector is 25% higher the Village Underground in than the UK average. They Shoreditch the average spend are also talent spotters and on alcohol at a live event is just career nurturers, regularly £6.27 per person. programming new and unknown performers with no expectation Most grassroots music of financial reward. They are venues behave in a highly the ground floor of the music entrepreneurial manner. But industry, playing a similar role the creation of profit is not to small theatres where new their primary objective. In shows are tested and new order to put on the latest in live actors emerge. performance, venues subsidise their music programmes by When a 16 year-old Ed Sheeran running corporate events, cafés wanted to kick start his career in and club nights. Grassroots 2007 he moved to London. This venues help to create valuable year, Sheeran performed three products (best-selling artists) sold-out nights at Wembley but the financial benefit is Stadium. There is a clear realised by other parts of the and direct pipeline between music industry when the the availability of grassroots artists they have nurtured hit venues to start careers and the bigtime. the creation of the world-class talent that boosts our economy. Grassroots venues are run This incubator role has defined by passionate people who London as the most successful are experts in their field and city in the world at developing highly productive: research new music. 12

Marquee Charing Cross Road, Oil, Aerosol, Chinagraph and Shellac on found panel. 2014. Danny Pockets. www.dannypockets.com 13

Why one ThirD of LonDon’s grassrooTs Music Venues haVe cLoseD 14

Demand for live music is years whilst concert halls have increasing and music tourism upgraded their lights, sound is thriving. Grassroots music systems, access, sightlines, venues play a vital talent staging and overall customer development role that has not experience. As a result they been replaced by television now sell top price tickets that talent shows or social media. reflect the quality on offer. However 35% of London’s grassroots venues have closed In researching this report we over the last eight years. met with a large number of The Taskforce identified a music and night-time industry number of contributing factors organisations. They included the to those closures: British Phonographic Industry (BPI), Performing Rights Society (PRS), Phonographic signs of MarKeT Performance Ltd. (PPL), UK faiLure WiThin The Music, the Association of Music inDusTry Independent Music (AIM), Featured Artists Coalition We found signs of market (FAC), Music Managers Forum failure within the music industry. (MMF), Live Nation, AEG Live The relationship between the and the Night Time Industries recorded music business, Association (NTIA). All were large festivals and arenas and supportive of grassroots music small grassroots music venues venues and it was clear that all needs examining. As with all parties were concerned about ecosystems, the success of the market failure within the the whole depends upon every music industry. We hope the part working well. Without a music industry will now work regular supply of new acts, all with government in responding parts of the music industry will to this crisis at the grassroots gradually wither. level which could decimate its talent supply-chain. The development of exceptional music offers at arenas such as The O2 has created a chasm of quality between the grassroots gig and the multi-media arena event. Entrance prices at grassroots level have stagnated for 25 15 eXTernaL forces are of Crossrail has led to the causing grassrooTs regeneration of nearby areas, Venues To faiL resulting in an increase of rents. In one case, it led to the closure External forces are putting of the iconic music venue the unintended pressure on Astoria, which is due to be grassroots venues. These replaced by a theatre. include: London’s urgent need for housing; rising property values; the planning system; Business rates local authority licensing requirements; police priorities; Broadly speaking, when the plus competition from state rental value of a property rises, subsidised venues in other the business rates also go up. A European countries. The link small central London venue may between these external forces be paying tens of thousands and the failure of grassroots of pounds per year in business music venues is not always rates. Our research shows that clear, so we’ve provided a very few receive any business summary of the key issues: rates relief. Such high core costs mean that venues are economically unviable without A growing population and financial support. rising property prices The 100 Club on Oxford Street London’s popularity as a now pays around £50,000 per place to live, work and study year in business rates on top continues to increase. As a of £180,000 in rent and service result of increased demand charges. It is one of just six live for accommodation, rents music venues left in the West are increasing and some End and survived imminent landlords are choosing to sell closure in 2011 thanks to a their properties to developers. partnership with Converse. Venues like the Flowerpot in Changes to business rates Camden have been demolished are made every few years by and turned into flats, whilst the Valuation Office Agency. others have had to close due to In some areas of the capital, escalating rents. As London’s London is anticipating a further population increases, so rise in business rates when infrastructure such as transport new rateable value must expand. The arrival assessments come into place 16 in 2017. For the 100 Club this (in the Boroughs of Brent, could result in their business Bromley and Camden). There rates almost doubling. is some wording in the NPPF and the National Planning Practice Guidance (NPPG) that Planning and development is helpful for music venues. The NPPF recognises that More can be done to recognise new developments shouldn’t live music venues in planning adversely affect existing policy and provide guidance for businesses. The NPPG also decision makers. When making makes specific reference to a decision, planning officers and noise mitigation so that live borough planning committees music venues are not subject can only judge developments to enforcement actions due to against statutory policies. These new residents finding sound include the National Planning levels unacceptable. Policy Framework (NPPF), the London Plan, Local Plans and However, the onus falls on the new Neighbourhood Plans. planning officers and planning committee members to identify The London Plan is the overall any potential impacts on live guide to spatial development music venues and consider in London and is written by how they might be addressed. the GLA. London’s 33 local The volume of planning authorities use it to write applications in London means their own Local Plans and that officers and committee some communities across members have to get through a London are now creating huge, and increasing, amount Neighbourhood Plans. There is of paperwork in a very short also Supplementary Planning time. Without specific guidance Guidance (SPG) which applies on protecting music venues in some circumstances. These there is a possibility that the guides cover specific themes threat to music venues from or geographic areas such as the new developments can Central Activities Zone (CAZ ) be overlooked. and Town Centres. In addition, the Government We reviewed the London Plan introduced a temporary and the 33 Local Plans and Permitted Development Right could find only three direct in 2013 allowing offices to references to music venues be converted into homes 17 without the need to apply for future noise complaints by full planning permission. As incoming residents. a consequence, venues that have happily existed alongside The case was ultimately heard office space for years are now by the Mayor and resulted in facing residents moving in who a new approach to residential expect quiet enjoyment of their development in noisy locations. homes in the evening. There is In addition to sound insulation widespread concern that with and non-opening windows, a Permitted Development Rights Deed of Easement of Noise was allowing environmental noise agreed between the Ministry assesments to be bypassed, of Sound and the developer. more residents will find The Deed gives the Ministry themselves living near sources of Sound the legal right to of noise. make noise at exisiting levels, meaning that new residents Planning officers and committee essentially ‘buy into’ the club’s members urgently need ongoing operations, rather than guidance on music venues. being able to object to it. This In particular how to manage new approach is an example housing developments in close of what is commonly called the proximity to music venues. If Agent of Change principle. this issue isn’t considered at the planning application stage it often results in the slow The UK does not death of that venue from a currently recognise the spiral of building site disruption, Agent of Change principle noise complaints from the new residents and costly additional When residents buy or rent a licensing conditions imposed by property there is no obligation the local authority. on estate agents or solicitors to tell them about nearby The Ministry of Sound venues that could create sound nightclub faced this problem at night. There are numerous when an apartment block was examples of residents making proposed immediately noise complaints about long- opposite the club. They spent standing music venues. In most over £1 million in legal, acoustic cases the volume levels have and planning consultancy remained the same for many costs in order to ensure the years. However, the complaint club was protected from any has to be dealt with by the local 18

“Regeneration shouldn’t authority and often results in be a threat to our additional licence restrictions. These restrictions can limit industry. We spent four the venue’s ability to generate years and well over a income and be costly to put in million pounds on one place (e.g. employing additional case fighting for our door staff to oversee customers existence. A smaller as they leave). business would not The Agent of Change principle have survived. We puts the responsibility for noise were totally on our management measures on own. The dispute the “agent of change” i.e. the with the Eileen House incoming individual or business. This could be a resident moving development drained into a flat near an existing music the business and took venue, or a developer that is many of us away from building a new music venue our core passion of near an existing residential finding and developing building. The principle has already been adopted in parts of creative talent.” Australia and the United States Lohan Presencer, and is proving successful. CEO, Ministry of Sound

Licensing and policing

Licensing conditions and police requirements increase the cost of putting on live music. According to research carried out by the Music Venue Trust, there is a perception amongst venues that some licensing, environmental health and police teams assume music venues to be a cause of anti-social behaviour. In one case a venue reported over 70 separate conditions on its licence, the 19 cost of which exceeded its international competition annual budget for putting on new and developing artists. The loss of these venues comes at a time when London faces In some venues audience stiff international competition capacity limits were set many from emerging ‘music cities’ years ago when there was such as Austin, Nashville and a genuine fire hazard from Berlin. Presenting grassroots patrons smoking. Unfortunately live music isn’t economically many of these limits remain in viable and yet London’s venues place today despite the smoking don’t receive support from ban. The licensing system industry or government. A lack of needs to be brought up to date investment means many venues to reflect the way that modern are struggling to improve their live music events are run and facilities and overcome the reduce the financial burden on ‘toilet circuit’ name tag. grassroots venues. London is losing acts to parts of Europe where venues are of

Troubadour Café Façade at Night © Jacek Niewadzi 20 higher quality and customers the Music Venue Trust and the have a better experience. formation of the Mayor’s These venues are great spaces Music Venues Taskforce no with outstanding facilities and single body had an overview world-class sound and lighting. of the music venues sector The door staff are welcoming in London. This allowed the and the bar is accessible combined impact on grassroots and affordable. The average music venues of planning, government support for music licensing, policing policy and venues across Europe is 42% music industry practice to go of venues’ income, with the un-recognised. highest being France at 60%. In the Netherlands many cities London’s music offer is famous have Night Mayors. These and admired worldwide, but esteemed members of the arts unlike Austin, Nashville or and night-time entertainment Berlin, we are not making community act as figureheads, the most of it. There is an building healthy relations opportunity for tourism between the various agencies agencies to exploit London’s involved in the night-time music offer and heritage more. economy. Night Mayors, despite Likewise, the music industry their title, also solve problems, can respond to competition from nipping small issues in the bud these emerging ‘music cities’ before they escalate, thus saving by investing in high quality local government and police grassroots venues that build oficers valuable time and money. audiences, nurture talent and promote a culture of gig going. Another forward-thinking model is that of Melbourne which adopted a live music strategy Fragmented approach to the and a three-year music action night-time economy strategy. The aim was to bring together music venues, The loss of one venue may suppliers, consumers and seem inconsequential, however secondary businesses to the combined loss across tackle licensing complications, London has been catastrophic. noise and anti-social behaviour. Several agencies have a direct In Yarra – one of Melbourne’s impact on grassroots venues coucils – the night-time and can ultimately cause their economy assessment closure. Until the creation of revealed that every dollar 21 invested generated three date and fails to explain the dollars in revenue. economic, social and cultural value they create. Live music The night-time economy in the venues are too often referred to UK generates £66 billion per as a potential nuisance. Whilst year. This can grow further talk of noise and nuisance might if London take’s the positive have been accurate in the 70’s approach seen in cities like and 80’s, modern live music Melbourne, San Fransisco and venues and their audiences Chicago. As London welcomes behave in a very different way. the 24-hour tube, there is an opportunity for night-time We want to create a new activities, including live music, narrative for policy makers, to thrive and at the same time licensing, environmental ensure that nuisance and anti- health and culture officers, the social behaviour are addressed. construction industry, the music The result will be increased industry and the tourism sector. revenues and a net return to the This narrative should reflect local economy. the real role venues play in their communities. It should also describe and their function as Changing the way we talent developers for the talk about grassroots music industry. music venues If London’s 88 grassroots The GLA’s positive intentions venues each host 10 unique about music venues are not acts per week, that is 1,000 currently reflected through businesses being incubated. If clear advice in planning, one band has a hit song, then licensing and cultural policy. another piece of lucrative For example, the phrase “live British intellectual property is music venues” does not appear created, one that has been in the London Plan at all. beta-tested in these spaces. References to “cultural spaces” In addition, some venues are or “live entertainment venues”, testing new technologies from which do feature, are open to sound systems to lighting, interpretation and challengeable entry and security systems by developers. to hospitality, thus incubating secondary businesses and The way we talk about encouraging innovation. grassroots venues is out of 22

Village Underground, Hackney © Jack Foxcroft 23

recoMMenDaTions oF THE Mayor’s Music Venues TasKforce 24

Our recommendations form recoMMenDaTion 1: a rescue package to halt the PLanning decline in grassroots music venues in London. The aim is 1a. Make specific reference to stabilise the sector, stimulate to music venues in London’s investment and bring a change planning policies. of attitude to music venues. In the longer term these The Mayor should ensure recommendations will underpin that the next iteration of the London’s claim to be the Music London Plan contains specific Capital of the World. These references to music venues and recommendations are in six their economic, cultural and categories: social value. In the meantime, the Mayor should: 1. Planning w include specific reference 2. Developers to music venues in future Supplementary 3. Business rates Planning Guidance

4. Borough licensing, w provide jargon-free advice environmental health and that helps the music police policy industry and cultural sector understand how policy can be 5. Supporting music in London used to protect music venues and create new ones. 6. Championing music in London Local authorities should also ensure that the next iteration of their Local Plans and any Supplementary Planning Guidance contains specific references to music venues and their economic, cultural and social value. 25

1b. adopt the agent of are found within pubs or where change principle in London’s a venue is an ancillary activity. planning policies. Similarly, local authorities should consider use of an The Mayor should ensure that Article 4 Direction to remove the next iteration of the London permitted development rights Plan contains policies that fully that allow offices to change use implement the Agent of Change to residential, where this would principle. In the meantime the pose a problem for a music Mayor should advise local venue due to the potential for authorities via Supplementary future noise complaints. Planning Guidance on how to apply Agent of Change principles within the scope of 1d: Make more use of the existing London Plan. the Asset of Community Value process to protect Under Agent of Change music venues. principles, if a cultural venue is in place before a residential Local authorities should actively development, the residential encourage Asset of Community development is responsible Value applications that relate to for militating against potential grassroots music venues and residents’ complaints. This local communities should be could be by paying for encouraged to use this process. soundproofing. Equally, if Under the Localism Act, local a cultural venue opens in a groups can nominate buildings residential area, the venue is for listing in a register of assets responsible for these works. of community value, held by the council. Buildings that are successfully listed cannot 1c: Local authorities should be sold without first giving consider the use of an community groups the right to article 4 Direction to protect bid for them, in order to use music venues. them for community benefit.

Article 4 Directions can be considered by boroughs to protect pubs from changing usage through permitted development rights. This can support music venues which 26 recoMMenDaTion 2: 2b. Developers should work DeVeLoPers with planning authorities to create high quality new 2a. Developers should grassroots venues and set-up consider using the Deed of ‘Music Zones’ for grassroots Easement of Noise when music activity. creating housing near existing music venues. London wishes to be the Music Capital of the World and The Ministry of Sound’s requires an ecosystem of small, ground-breaking use of the medium and large venues that Deed of Easement of Noise, to nurture talent. Developers ensure that pre-existing noise should be encouraged to create levels will not be challenged new, high quality music venues by incoming residents, is that play this role, these spaces something that developers can being a significant planning gain use with immediate effect to for London and of public benefit. implement the Agent of Change principle (further information is There are forward-thinking provided on page 46). developers who recognise that a grassroots music venue can add community value and improve a project’s image. Cathedral Group’s Old Vinyl Factory development at Hayes, the Battersea Power Station re-development, Benson Elliot’s plans for Ealing Broadway and Consolidated Developments’ plans for Denmark Street all include new or redeveloped live music venues. In each of these developments the music venue is treated as a community and cultural asset that adds to the place-making impact of the scheme. 27 recoMMenDaTion 3: 3b. The government should Business raTes investigate offering full relief from business rates for 3a. Local authorities grassroots music venues. if should be encouraged to action is taken quickly this implement urgent relief could feed into the review of on business rates for business rates that is now grassroots music venues. underway and is set to report back by Budget 2016. Parts of London are becoming economically unviable for We ask Government to grassroots music venues. colaborate with the music London Boroughs have limited industry and commission scope in the current economic research into the cost of climate to financially support business rates to grassroots these venues. Supported music venues and the economic by the Mayor and the GLA, benefit that a full business business rates is an area in rates relief would generate. A which London boroughs can similar exercise – reviewing take direct action. Business the potential for a business rates form a substantial part of rates relief to be offered – has the core costs that discourage recently been undertaken for venues from risk taking. local newspapers. The review Cutting business rates would recognised the vital community help to level the playing field role local newspapers play with other cultural organisations and the considerable financial and with competitors in other pressures they are under. European countries.

Rumer at The Half Moon © The Half Moon 28 recoMMenDaTion 4: wherever possible. To assist this Borough Licensing, process, venue assessments enVironMenTaL heaLTh should always be carried out by anD PoLicing properly trained staff.

4a. Local authorities and the police should endeavour 4b. Local authorities should to cut excessive licensing adopt the Agent of Change requirements, increase principle in the way they deal audience capacity and with noise complaints. simplify their relationship with grassroots A more balanced process is music venues. needed for negotiating when conflicts arise over noise. Local authority and police Too often the complainant is licensing processes should prioritised over the venue and be reviewed so that officers little thought is given to the are empowered to reduce the impact that additional licensing number of license conditions requirements can have on on grassroots music venues, the venue. keep the cost of meeting license requirements to a minimum and increase audience capacity

“Around the world cities are competing with each other for talented young people and to retain those already there. In achieving this, cultural policy is as important as housing policy. When we talk about regeneration in London, for example, the economics and business behind the culture is not as catered to as the culture itself. The fact that there is no music industry policy at a city level is a missed opportunity.” Shain Shapiro, Sound Diplomacy, May 2015 29 recoMMenDaTion 5: economy. They would bring suPPorTing Music together night-time businesses, in LonDon local authorities and the emergency services to ensure 5a. create a Music that night-time activity can Development Board thrive. The Night Mayor would to implement these also review and implement recommendations. strategies to minimise the risks of nuisance, anti-social London needs a long-term behaviour or crime. This person action plan to ensures that it would help to take forward the seizes the opportunity to be the recommendations in this report Music Capital of the World. The and would chair the Music London Music Development Development Board. Board should take over from the Taskforce and be charged with developing the potential 5c. The Music Development of grassroots music venues Board should set a target in London. The Board should for the minimum number of consider what music industry grassroots venues across schemes exist for business London and establish a support for grassroots venues number of ‘Music Zones’. and whether these can be enhanced further. Through the Music Development Board a clear goal should be Arts Council England (ACE) set for the number of music already supports live music venues needed to sustain a through its funding programmes. healthy ecosystem of talent The Music Development Board development. Research by should explore whether ACE Music Canada (Mastering a and other organisations, such Music City, 2015) suggests that as the PRS For Music a city that does not have an Foundation, can provide specific active and thriving grassroots support for grassroots venues. music venues circuit will have less overall music activity. The board should also establish 5b. The creation of a a number of “Music Zones” “night Mayor” for London. to encourage clusters of grassroots activity. A Night Mayor for London would champion the night-time 30 recoMMenDaTion 6: Liverpool has seen huge ProMoTing Music economic benefits from a in LonDon concerted effort to promote itself as the birthplace of 6a. Tourism agencies, the the Beatles. London has the music industry and London potential to be a mecca for Government should invest music tourists seeking out in a campaign to promote popular music heritage. It London’s grassroots music can also be the place where venues and their heritage. people flock to hear history being made. Building on ‘Take On any night in London, A Closer Look’, the GLA’s audiences still have the recent cultural tourism vision, opportunity to stumble across a coordinated campaign across a festival-sized offering of new the tourism sector, music talent. Around the globe, music industry and government can fans and the music industry unlock year-round economic view London as the music benefits for the capital. capital of the world and look to the city to bring forward new, cutting-edge performers. Building on this reputation, London can do more to promote its incredible live music offer as one of the main reasons to visit the city.

The opportunity to bring tourists to Ealing to explore west London’s pivotal role in rock music and the origins of the Rolling Stones remains unexploited. Likewise, the Who’s historic Maximum R & B at the Marquee poster has been bought by millions of music fans around the world. But the Marquee Club – one of the most important venues in modern music history – doesn’t exist for fans to visit. 31

The Horrors at the 100 Club © 100 Club 32

The Mayor’s Busking Showcase at The Bedford © Martyn Rourke 33

THE TechnicaL sTuff 34

Defining grassrooTs significant economic returns Music Venues – cuLTuraL become available to the UK anD sociaL roLe music industry.

The Music Venue Trust 5. a beacon of music and defines the cultural and social key generator of night-time importance of a grassroots economic activity music venue by testing its The presence of a grassroots reputation, role and activity music venue (or venues) against six criteria: provides a central beacon of music activity that inspires 1. The elephant test towns/boroughs/cities to be Musicians and audiences in the musical: and the absence of town/borough/city think that is one causes a dearth of music the grassroots music venue. activity. By programming and reputation, grassroots 2. focus on cultural activity venues attract audiences as its main purpose and who add significant value to its outcomes other aspects of the night-time The venue’s raison d’être is the economy (restaurants, pubs, music it programmes. bars, clubs, transport).

3. it is a music business, 6. Plays nicely with others run by music experts Occupies an important role An organisational focus on within its local community, music. Other ancillary services provides education and training (alcohol, food, merchandise) in ‘back-of-house’ trades and is subsidiary or dependent upon open to further networking. music activity. A grassroots music venue 4. it takes risks with its displays some or all of these cultural programme, and that characteristics, dependent risk taking is the ignition upon factors such as system of the engine that is location, economic climate, or the UK music industry seasonal variations. Programmes artists that deserve audiences with no expectation of direct financial reward; as a result of this loss-making activity, 35

Defining grassrooTs 4. applies a cover Music Venues – aMeniTies charge to some live & infrasTrucTure music performances and incorporates promotion 1. has a fixed or temporary within its activities, stage, or as a minimum an such as: area defined as a stage, and Publishes printed or electronic exhibits at least one other gig listings, issues printed structural hallmark conducive tickets, utilises on-line ticketing, to live music, such as: produces displays and Defined audience space, sound distributes posters, advertises booth, ticket hatch, sound gigs involving original music proofing, room adapted to via local media. enhance acoustics, stage facing or elevated seating, dressing room, photo pit, external poster frames for advertising gigs, overnight band accommodation.

2. Possess a mixing desk, Pa system, and at least one other piece of equipment to facilitate live music, such as: Stage monitors, lighting rig, drum kit, back line, stage microphones, stage box & snake, spare instruments, instrument consumables, signal processors, recording rig, smoke machine.

3. employs or otherwise utilises at least two of the following (they may be the same person): Sound engineer, booker, promoter, cashier, stage manager, security personnel. 36

Defining grassrooTs sMaLL Music Venues – econoMic acTiViTy w Less than 350 capacity

These bands and activities are w Over 144 live music flexible. The final definition events per year, of a grassroots music venue providing opportunities within these bands should for more than 180 micro- include variable factors such businesses (bands) as location, economic climate, competition, or programming. w Entry level musicians, We use capacity, activity, some limited activity in employment and financial return established acts to seek to categorise grassroots music venues in three bands: w 3 to 10 direct FTE jobs (programming, lighting, sound, bar, security etc)

w Significant number of unpaid roles/volunteers

w High running cost to capacity ratio

w Little if any profit potential 37

MeDiuM LARGE w 351 to 650 capacity w 651 plus capacity w Over 96 live music events per w Over 72 live music events per year, providing opportunities year, providing opportunities for more than 144 micro- for more than 108 micro- businesses (bands) businesses (bands) w Mix of new and w Programme of mainly established acts established acts w 5 to 15 direct FTE jobs w 10 to 20 direct FTE jobs (programming, lighting, (programming, lighting, sound, bar, security etc) sound, bar, security etc) w Some unpaid roles/volunteers w Internships and apprenticeships w Medium to high running cost to capacity ratio w May be profitable dependent upon external factors w Propensity to programme (location, additional non-live music (such as uses, ownership) club nights) to support live music programme w Limited potential for profit 38 auDiT of LonDon w 33 others (churches etc) – Music Venues spaces that offer some music alongside their main activity The Taskforce undertook an exercise to assess the perceived decline in music Acting on behalf of the venues across London. Taskforce, Music Venue Trust then used social media, print In order to achieve this, the media, anecdotal evidence Chair of the Taskforce identified and sector knowledge to seek a source of base evidence for to identify all spaces in each 2007 which established there category that had opened were 348 live music spaces since 2007 and/or traded for operating in six areas of activity: any time during the period 2007 to 2015. A further 82 w 136 grassroots music venues venues were thereby identified – spaces meeting at and categorised. least four of the grassroots venue criteria A map showing all the live music spaces that traded during w 103 pubs or bars with music the period 2007 to 2015 that – spaces offering music as an were able to be identified is accompanying activity to the available at http://tiny.cc/lonall core business purpose On behalf of the Taskforce, w 37 arenas and concert the Music Venue Trust carried halls – spaces providing a out phone, media and email programme of exclusively information checks to establish established acts which of those venues remained currently trading in April 2015. w 20 arts centres – spaces 245 live music spaces were offering a mixed programme identified and categorised. of cultural activity which includes some music A map of those live spaces is available at w 19 restaurants with music – http://tiny.cc/lonlive spaces offering music as an accompanying activity to the core business purpose 39

These maps show an On the basis of this audit, the assessable and significant Taskforce considered that whilst decline in the total number of the live music industry has spaces offering live music in proven exceptionally successful London between 2007 (28% year on year growth from and 2015. 2012 to 2013 according to UK Music) the plight of the smaller w 348 live music spaces were spaces has, until now, been trading in 2007 completely ignored within the context of this positive picture. w 82 additional live music spaces opened since 2007 A map showing the decline in grassroots music venue spaces w 430 live music spaces from 2007 to 2015 is available traded in total between 2007 at http://tiny.cc/longmvs and 2015 w 136 grassroots music venues w Only 245 remain open in were operating in London 2015, a decline in the number in 2007 of trading live music spaces of 29.6% w 163 grassroots music venues traded in total between 2007 w Only 57% of the live music and 2015 spaces that traded between 2007 and 2015 remain open, w Only 88 remain open in 2015, 185 live music spaces closed a decline in the number of trading venues of 35.3%

Additionally, the audit exposes w Only 54% of the grassroots that the impact of that decline music venues that traded was felt almost exclusively between 2007 and 2015 amongst grassroots music remain open, 75 grassroots venues and pubs/bars with music venues closed music with little impact on the major arenas/concert halls or w Closures of grassroots music other providers. venues accounted for 40.5% of the total losses of live music spaces in the period, and 51.4% of the cumulative loss of trading spaces 40

In identifying grassroots music The year 2007 was chosen venues, the Taskforce applied as a year in which information the definition set out above. from a particular source (The Musicians’ Union) was most The maps demonstrate that complete and to which other alongside the decline in actual sources of information could numbers, grassroots music be most easily added. Arising venues have been forced out from its work, the Taskforce is from the centre of the city, a publishing a database and maps geographic challenge to a key of currently trading grassroots element of the trading viability music venues. This will be a of these venues – directly publicly available information challenging their purpose to resource acting as a baseline enable audiences to stumble for any future assessment. We across new music. recommend that this work is carried out at frequent intervals. In particular, the Taskforce notes that the central London area which has been historically synonymous with grassroots British music, particularly Soho and the Denmark Street area, shows an exponential decline in venues that is not mitigated by the emergence of an alternative ‘music zone’ to replace it.

As the first working group of its kind, the Taskforce’s base of historical information is unlikely to be definitive. No authoritative study of these music spaces in London has been carried out to date and part of the work of the Taskforce has been to seek out the best information it can and collate this into one comprehensive baseline study. 41 causes of DecLine w Competition from non-music sectors There are likely to be multiple causes for the closure of a w Lack of investment venue. It can take a long time for their effect to be felt. It is a w No succession planning slow process of attrition, rather than a specific event, that w Economically non-viable leads to the eventual closure of most venues. w Change of use legislation

Contributing reasons for w Music industry market decline venue closure cited during our audit included: w Cuts to touring budgets w Noise complaints w Rising service costs w Cost of noise complaint w Business rate rises procedure w Police costs w Development w Professional fees w Cost of planning and development procedures w Legal compliance costs w Licensing w Fire regulations w Licensing conditions w Instant stardom culture w Cost of licensing conditions w Health and safety costs w Being forced to relocate w Fall in student attendance w Gentrification 42

Across the sector, venues It must also be considered that reported that they were the audit was conducted over impacted by a combination of a period of global economic some or all of these factors turbulence and recession in leaving them little room to invest the UK. During the surveyed in their venue or their music period there were regular offer. Often the cause of venue periods of negative growth closure appears to be financial for the economy as whole. but – at its root – results from However, the economy in 2015 a simple licensing condition. is effectively at a similar level to For example: additional security where it was in 2007 and whilst personnel at an additional cost many sectors and industries to the venue, resulting in less have benefited from central and profit per event, bands being local government interventions, less willing to play there, grassroots music venues have falling attendance, less events, been left unaided. less profit – a downward spiral resulting from a seemingly innocuous and benign licensing condition.

inforMaTion for PLanners anD DeVeLoPers 44 support for music venues regarded as unacceptable for in the National Planning the new residents and subject Policy framework to enforcement action. To help avoid such instances, Paragraph 123 (3rd bullet) of appropriate mitigation should be the NPPF notes that planning considered, including optimising policies and decisions should the sound insulation provided “recognise that development by the new development’s will often create some noise building envelope. In the case and existing businesses of an established business, wanting to develop in the policy set out in the third continuance of their business bullet of paragraph 123 of the should not have unreasonable Framework should be followed.” restrictions put on them because of changes in nearby The NPPG also says that land uses since they were “planning decisions should take established”. This is considered into account the economic and to be a useful policy in the social benefits being derived context of supporting music from the cultural activity venues – the onus thus falls on associated with any noise planning officers and members impacts and ensure appropriate to identify any potential mitigation is secured so that impacts on live music venues businesses can be continued. and consider how they might It should also be recognised be addressed. that the Mayor’s Housing SPG requires the impact of noise to be considered in the layout and support for music venues placement of dwellings, rooms in the National Planning and private open spaces within Policy Guidance new development.”

The NPPG expands on this: “The potential effect of a new support for music venues residential development being in the Draft central activities located close to an existing Zone supplementary business that gives rise to noise Planning Guidance should be carefully considered. This is because existing noise Section 2 of the Draft CAZ levels from the business even SPG provides guidance to CAZ if intermittent (for example, boroughs on managing potential a live music venue) may be pressures on noise generating 45 cultural venues, including nearby land uses since venues live music venues. It states: were established” (para 2.2.12). “Sustaining and protecting noise generating cultural venues such as theatres, concert halls support for music and, in particular, live music venues in the Town venues requires a sensitive centres supplementary approach to manage change Planning Guidance in the surrounding area. This should ensure adjacent Paragraph 1.2.22 states: development and land uses are “venues can be challenged by brought forward and designed property values, land pressures in ways which ensures that and local opposition to noise established cultural venues and anti-social behaviour, to remain viable and can be the point where many small and continued in their present medium-sized music venues are form, without the prospect of facing closure.” neighbour complaints, licensing restrictions or the threat of Paragraph 1.2.23 advises closure” (para 2.2.11). boroughs to “consider how new development (particularly It also states: “In justified those with residential elements) circumstances, residential proposed near to existing live development proposed within music venues should include the vicinity of an existing measures to mitigate potential cultural venue should include nuisance from venues.” necessary acoustic design measures to ensure residential units are provided with effective sound insulation in order to mitigate and minimise potential noise impacts or neighbour amenity issues. An important reason to incorporate mitigation measures within new residential development is to avoid established venues being subject to unreasonable restrictions, administrative burdens, costs or enforcement action as a result of changes in 46

Culture on the The Deed of easement of high street guide noise. a perspective from the Ministry of sound’s lawyer. This guide has been created by the GLA to help local In certain circumstances, noise authorities, town centre can amount to a nuisance in managers and business law. Sometimes, new residential improvement districts improve development in London is the quality and ambition of located close to clubs and culture on their high streets. music venues that create noise, and the new residents might perceive that noise as a The a-Z of Planning nuisance. This creates a tension and Culture between the new residents and the existing club or venue: This guide shows how the the former want a quieter planning process can help to environment and the latter want support and sustain culture. to run their business as they It gives real world examples have in the past. of the many ways planning can support culture. As the law currently stands, the fact that the club or venue “was there first” does not give it a right to continue to make the same level of noise, if that noise amounts to a nuisance. This has been the law since 1875, when the Court decided that a confectioner could not continue to make his sweets in a noisy manner, as a doctor had moved in next door and needed quiet for his patients.

This creates an obvious problem for London’s clubs and venues: how can their operations be protected and safeguarded in the face of the new residential development that London desperately needs? 47

This was the situation faced House and Ministry. Its effect by Ministry of Sound when was to allow noise (at the the developers of nearby nightclub’s existing levels) from Eileen House sought planning Ministry (known as the dominant permission for the demolition tenement) to lawfully pass over of an existing office building the Eileen House development and its replacement with a (known as the servient tall residential tower. Despite tenement). As Ministry now had extensive acoustic treatments a lawful right to make the noise to the facades, Ministry had at those levels, and for that legitimate concerns that the noise to pass over the Eileen sound from its club might House site, its new residents nevertheless amount to a couldn’t then complain about nuisance to the new residents, the noise. In short, they would and be the subject of a claim be buying their flats with that in nuisance against them. If legal ‘burden’ already imposed. successful, there was a real risk that the Court would require The right was a proprietary right the nuisance to stop, meaning (i.e. a property right), and was that Ministry’s operations would no different in law to many other have to close. proprietary rights (e.g. rights of light, rights of support etc). The land use (planning) However, no deed of easement consequences of Ministry’s of noise had ever been entered closure would have been into before to the best of significant. Clubs and venues anyone’s knowledge. In terms have been closing all over of its drafting, however, it was London and the loss of the relatively straightforward, as iconic club would have been a the principles for the further blow to the night-time drafting of proprietary rights economy and London’s are well-established. cultural heritage. The outcome was an excellent The solution that was found example of “good planning”. was elegant but required The club was protected and collaboration between several the development could go parties, including the developer, ahead. Equitable neighbourly the club and the Local Planning relations were established at Authorities. A deed of easement the outset. In a crowded city, of noise was entered into that is a laudable and much- between the owner of Eileen required objective. 48

One of the questions posed to the Mayor and the GLA in writing this report has been how can you encourage developers and venues to work together in other situations to achieve a similarly equitable outcome?

Looking further ahead, a specific policy in the next revision of the London Plan could require new residential development to have significant regard to the protection of nearby clubs and venues and their need to continue to operate in confidence once the new development has been occupied.

The example of Ministry and Eileen House has shown that the co-existence of two seemingly opposing uses can be secured in London.

Tim Taylor Partner, foot anstey LLP 49

“Without music, life would be a mistake.” Friedrich Nietzsche