PB/AOC1 Local Government and Communities Committee Planning (Scotland) Bill Submission from the Music Venue Trust 1. About Music Venue Trust Music Venue Trust is a registered charity which acts to protect, secure and improve Grassroots Music Venues in the UK. 1 Music Venue Trust is the representative body of the Music Venues Alliance 2, a network of over 350 Grassroots Music Venues in the UK. A full list of Music Venues Alliance members including 13 across Scotland can be found in Annex A as part of this submission. 2. Grassroots Music Venues in 2017 A. A nationally and internationally accepted definition of a Grassroots Music Venue (GMV) is given at the Music Venue Trust website 3. This definition is now in wide usage, including by UK Parliament. 4 B. GMVs exhibit a specific set of social, cultural and economic attributes which are of special importance to communities, artists, audiences, and to the wider music industry. Across sixty years, this sector has played a vital research and nurturing role in the development of the careers of a succession of UK musicians. Part of this extensive list includes The Beatles (The Cavern, Liverpool) through to Biffy Clyro (Habour Arts Centre, Irvine), The Clash (100 Club, London), Duran Duran (Rum Runner, Birmingham), Franz Ferdinand, (Barfly, Glasgow), Frightened Rabbit (Leith Dockers Club Leith), Housemartins (Adelphi, Hull), Idlewild (Subway, Edinburgh), Mogwai (The Venue, Edinburgh), Radiohead (Jericho Tavern, Oxford), Super Furry Animals (Clwb Ifor Bach, Cardiff), Travis (The Lemon Tree, Aberdeen), Twin Atlantic (King Tut's Wah Wah Hut, Glasgow), The Undertones (The Casbah, Derry). All three of the UK’s highest grossing live music attractions in 2017 (Adele, Ed Sheeran, Coldplay) began their careers with extensive touring in this circuit. 5 C. GMVs constitute a network with comprehensive geographical presence and with a reach that extends into communities which are otherwise not engaging with 1 http://musicvenuetrust.com/ 2 http://musicvenuetrust.com/music-venues-alliance/ 3 http://musicvenuetrust.com/wp-content/uploads/2016/09/Defining-Grassrots-Music-Venues.pdf 4 http://www.citymetric.com/horizons/year-future-britains-music-venues-was-placed-firmly-political- agenda-1678 5 http://www.bbc.co.uk/newsbeat/article/34571762/music-venues-in-the-uk-have-reached-crisis-point- says-london-club-owner 1 PB/AOC1 culture. D. MVA members in Scotland have joined the Alliance organically and through word of mouth but we have plans to build membership and hold a Scottish Venues Meeting during 2018. E. During the last twenty years, this sector has declined substantially: I. 144 Grassroots Music Venues were trading in London in 2007 II. Only 94 GMVs were trading in London in 2016, a reduction in the number of trading spaces of 34.7% 6 III. Iconic spaces across the UK closed during this period, including The Marquee (London), The Point (Cardiff), The Arches (Glasgow), Duchess of York (Leeds), Princess Charlotte (Leicester), TJs (Newport), Roadhouse (Manchester), Boardwalk (Sheffield), The Picture House (Edinburgh), The Crypt (Hastings), The Croft (Bristol) 7 IV. Every major town and city saw a decline in the number of trading venues F. Despite this decline, there are still circa 450 such music venues currently operating in the UK. 3. The Planning (Scotland) Bill A. Music Venue Trust welcomes the introduction of the Planning (Scotland) Bill, and thanks the Committee for the opportunity to give evidence and comments on the Bill. B. Music Venue Trust notes that the Bill in its current form could go further in ensuring a realistic and sustainable balance between new developments and their integration into the existing built environment, particularly where cultural spaces such as live music venues are already operating. C. It is important to consider that the rate of property development has increased dramatically in recent years in response to rising demand. Music Venue Trust naturally support residential development, as a need for new homes is clear, but our concern is that new development has to be responsible development; demonstrating a consideration for the comfort of future residents as well as the continued existence of elements of urban living such as grassroots music venues. In the past developers have been free to build without any consideration of the potential impact on the local area or responsibility for mitigation of noise in the development itself. D. When new homes are built or spaces are converted near music venues and new residents perceive noise issues, it falls to the venue to pay for any structural changes, often in the form of soundproofing or additional glazing. Grassroots music venues operate on a shoestring budget and most are not 6 https://www.london.gov.uk/what-we-do/arts-and-culture/music/saving-londons-music- venues?source=vanityurl 7 http://www.gigwise.com/photos/92945/closed-down-14-legendary-music-venues-that-have-been-lost 2 PB/AOC1 considered eligible for arts funding streams, so the considerable costs attached to making these changes often results in venues being forced to close. E. Closures of venues as a result of licensing or planning issues have been as prevalent in Scotland as the rest of the UK. Recent examples of venue closures in Scotland include Edinburgh’s Studio 24 and the Picture House, as well as Aberdeen venues Downstairs and Gilcomston Bar,8 both as a result of noise abatement notices under existing legislation. Last year, Music Venue Trust responded to concerns from Glasgow venue King Tuts Wah Wah Hut regarding a planning application for a hotel next to the venue, and other venues across the city have called for measures to protect Glasgow’s creative community while the city grows and develops. F. Music Venue Trust recommends that an amendment be tabled to insert the ‘Agent of Change’ principle into the Planning (Scottish) Bill. We feel that this measure would be an extremely worthwhile addition to the Bill in terms of ensuring residents, businesses and the night time economy can co-exist, and that Scotland’s valuable cultural capital and infrastructure can flourish. 4. About Agent of Change A. Agent of Change 9 is a term that is used to describe various approaches to controlling the relationship between new built development (typically residential), and extant noise sources, in this case music venues. B. It is sometimes described as a rule which requires incoming developers building new residential properties near existing music venues to install sound insulation into their new buildings, but it can cover anything from insulating new build, to insulating the music source, to reaching agreements concerning tenancies, financial exchanges, or a multitude of other arrangements that secures the harmonious co-existence of noise sources and noise receptors. 5. Why agent of change? A. In recent months, significant commitments to provide the Agent of Change principle have been made by the Welsh Assembly, the Major of London and most recently in UK Parliament. This planning has gained political momentum across the UK as a suitable and reasonable course of action to mitigate the risk of restrictions or possible closure of existing businesses and other organisations due to noise and other complaints from occupiers of new developments. 8 https://www.eveningexpress.co.uk/fp/news/local/msp-has-sound-campaign-to-change-law-for-music-venues/ 9 http://musicvenuetrust.com/wp-content/uploads/2018/01/Agent-of-Change-Briefing.pdf 3 PB/AOC1 6. Planning Policy Wales A In May 2017, the Welsh Assembly announced the intention to adopt the agent of change principle into future editions of Planning Policy Wales. B In her letter to Heads of Planning dated 26 May 201710, Cabinet Secretary for Environment and Rural Affairs Lesley Griffiths wrote of the challenges facing the night time economy and the need to strike the ‘right balance’ between providing homes, protecting live music venues and ensuring the health and well being of local residents. C The adoption of this principle into Welsh Planning Policy followed a proposed residential development in Cardiff’s Womanby Street, a long established city centre hub of music venues. Following representations made to the Welsh Assembly and campaigning activity supported by Cardiff MPs Kevin Brennan and Jo Stevens, the Welsh Government said that the “cultural contribution of music venues was being considered in a review of planning law”, ultimately resulting in the adoption of the Agent of Change principle. 7. Local Development Plans A In response to question 4 of this consultation asks “Will the changes in the Bill to the content and process for producing Local Development Plans achieve the aims of creating plans that are focussed on delivery, complement other local authority priorities and meet the needs of developers and communities? If not, what other changes would you like to see introduced?” We would like to see Local Development Plans updated to include the designation of ‘areas of cultural significance’ within those plans, notably to include sites where live music is a key part of an area’s cultural offer. B Music Venue Trust strongly believe that Grassroots Music Venues should specifically be named alongside other cultural venues to acknowledge that they are understood to be included within a definition of cultural spaces. Giving recognition to GMVs as culturally significant in the same way as traditionally subsidised performances venues such as arts centres, theatres and concert halls is essential to their survival. Scottish Government must understand and recognise the role that GMVs play with Scotland’s cultural life and history. C The Welsh Government has confirmed that Planning Policy Wales will be updated to include this element, which was proposed in recognition of the cultural significance of Womanby Street. D Incorporating this concept into Local Development Plans as part of the Planning (Scotland) Bill would recognise the wider social and cultural benefits of live music’s contribution to the area.