March 2018 | Brighton & Hove Live Music Venues Partnership Report

Brighton & Hove    Live Music Venue  Partnership Report March 2018

BMO

1 Brighton & Hove Live Music Venues Partnership Report | March 2018 March 2018 | Brighton & Hove Live Music Venues Partnership Report Introduction The live music scene is one of the city’s great success stories, generating an estimated £112m PA for the local economy and playing a key role in positioning Brighton & Hove as a creative, dynamic and diverse place. However, despite its success, the scene is very vulnerable, with venues facing ever increasing commercial and regulatory pressures. I chaired a Policy Panel in 2016 to explore what steps could be taken to support and sustain live music in Brighton & Hove, followed by discussions with local music industry experts. The resulting recommendations have led to the commissioning of this Report, which includes recent national and international developments, such as the adoption of Agent of Change principles in planning law. This Reports’ Key Recommendations provide a positive way in which partners can work together to help protect and grow live music in the city.

Cllr Joe Miller

Contents 1 Executive Summary 4 2 Supporting Information 6 2.1 History of Brighton’s Music Scene 2.2 Current Challenges Above Brighton Dome at night. Photo Matthew Andrews 3 Licensing, Planning and Environmental Health Policies 8

Author Chelsea Rixson, Managing Director Brighton Music Office 4 A worldwide perspective 11 4.1 Music Cities Thanks to All the artists appearing in the photos and contributing photographers including: Electric Youth Ensemble at Your Place, 4.2 Music Zones AudioActive and Victor Frankowski. Brighton Festival. Rag ‘n’ Bone Man, Terry Aplin/The Argus. Carnival Collective and Barulho 4.3 Night Mayors at Kemptown Carnival. Brighton Beach Boys at Brighton Open 4.4 Funding Air Theatre. The Flaming Lips at Brighton Dome. Julian Samuel for photos at The Rose Hill. Freshly Squeezed Music for White 4.5 Business Rates Mink photos including Kid Kasino and Swing Ningas at The Old Market. Shotaway for Flash Mob at the Speigeltent. Swingrowers 4.6 Busking at The Haunt, Lau at the Komedia and Vocal Explosion with Fell at Brighton Unitarian Church. 5 Summary of Key Recommendations 17 Contributors Nuala Friedman and Simon Newell from BHCC and members of the Environmental Health, Planning and Licensing services, 6 Future Work 19 StayUpLate for access information, Cally Hamilton of Brighton Music Office. Further Reading/Reference 20

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Initially, to explore the feasibility of the 1 Executive Summary recommendations made by the Music Venues Taskforce, which relate to planning policies; This report was commissioned developers and the setting up of music zones; to explore what action business rates; licensing; Environmental Health and Police policy; and supporting and Brighton & Hove City Council championing music in the city. (BHCC) could take to support, 3 Exploring funding opportunities – to assist grassroots events and promote their value in improve and grow live music the city within our city. 4 Growing the Sector – exploring how City Plan In recent years, cities across the world including 2 could be used to develop mid-size music London, have seen a decline in grassroots music venues for Brighton & Hove venues, and Local Authorities have responded to this with programmes to help support live music 5 An on-line resource – developing a cross- within their cities, and prevent further closures. service web resource to provide a one-stop source of information about live music venues Many cities are now branding themselves as ‘Music e.g. licensing conditions. Cities’. Music and creative zones are being established under the government’s Enterprise Zones initiative, 6 Parking – looking at whether parking and Night Mayors or Czars are being appointed. dispensations could be used for unloading of musical equipment to mirror similar Environmental health, licensing and other policies dispensations issued by the City Council’s can pose challenges for the sustainment of Live Parking Services. Music Venues and Live Music Hosts (any venues that put on live music such as public houses or 7 Diversity and inclusion – identify how to enable cafes). This report includes local and national younger people and disabled people to participate case studies where legislation has contributed in live music events, both in terms of licensing to both the negative and positive outcomes. arrangements and the accessibility of venues. Further information and suggestions are noted This report further expands on these for what could be achieved when partnerships recommendations, giving a present day picture of work together and live music is championed by options for consideration by policy makers to support proactive stakeholder involvement. live music in the city. Based on the information In 2016 a local stakeholder petition was presented provided within this report, the Brighton Music to the council, requesting action to improve the Office and Brighton & Hove City Council outline 4 Key stability of our small and medium sized live music Recommendations for how we can, as a city, work venues. Following this, a Policy Panel was held to sustain and build on the importance of live music. which aimed to reach a better understanding of the These are followed by areas for Future work. current situation for live music venues in the city, and their position in the community. They decided 4 Key Recommendations to base their recommendations on evidence, which was provided by a group of representatives 1 Set up a Live Music Roundtable and Live Music which included music industry and community Venue Partnership representatives, band promoters, music venues, 2 Produce an Online Resource Centre council officers and council members. 3 Develop a ‘Live Music Charter’ The Policy Panel Recommendations adopted were as follows: 4 Learn and gather intelligence 1 To establish a Night time Economy Partnership. 2 Addressing the key national and local issues relating to live music Right ABBA winning the Eurovision Song Contest in 1974 at the Brighton Dome

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Today’s music scene within the city is of the highest population density levels in the The Synergy Centre was a multipurpose arts 2 Supporting Information predominantly made up of “DIY” bands and South East (33.1 persons per hectare) seven times and community centre, containing an 800 - 2.1 History of Brighton & Hove’s Music Scene promoters, with over 70 promoters currently higher than that for the South East (4.5 persons 1000 capacity performance space located on active in Brighton & Hove, and around 80 different per hectare). The area between Western Road and West Street. The venue was denied a premises Brighton & Hove is widely recognised as a free- live music events happening each week. Brighton Lansdowne Road in Hove, bounded by York Road licence due to police concerns about the venue spirited, unique and creative place. A remarkable & Hove is also home to some current household to the east and by Lansdowne Street to the west being within the “Cumulative Impact Zone”. The location, steeped in musical history, Brighton & names, such as Royal Blood, Rag’n’Bone Man, The is the most densely populated area in the South premises has been sold and is being turned into a Hove has remained a leading force in producing Kooks, The Levellers and The Go! Team to name East. This highly concentrated population, with budget hotel. new talent. but a few. housing and a myriad of businesses sited in close proximately, inevitably leads to challenges in Looking at various ways of interpreting and Throughout the 1960s, Brighton & Hove combined Brighton & Hove will always remain an exciting, balancing the needs of all parties. implementing policies and procedures could cultural and musical elements, dominating live imaginative city, whose relationship with music change outcomes and in turn benefit not only the music and clubbing amongst the youth. Before has made history and will continue to evolve and Loss and Closure of Music Venues live music industry but also the wider community. the conception of the Brighton Centre in 1977, the shape the industry. As other Local Authorities begin to initiate Brighton Dome was the premier venue, with iconic The trend of declining numbers of grassroots live programmes and initiatives to address this issue, performances from the likes of Jimi Hendrix From live music to the revolution of music venues seen in cities across the world, has Brighton & Hove City Council may wish to consider and Pink Floyd. Brighton Dome also hosted The dance,Brighton & Hove has always stayed one been replicated in Brighton & Hove. For example, how to remain competitive and to preserve the 1974 Eurovision Song contest, witnessing ABBA’s step ahead and is therefore recognised best as a The Freebutt was a live music venue in Brighton rich reputation of Brighton & Hove as a music city. winning performance of Waterloo. music city. that closed its doors in 2010 as a result of a single noise complaint from an adjoining property. Brighton & Hove’s rich music scene has continued 2.2 Current Challenges A noise nuisance was established and a noise to develop through independent promoters, from abatement was served on the operators of the Brighton & Hove has witnessed a number of Melting Vinyl and Lout Promotions to Brighton- premises. The venue did not have their licence changes in the past, including the closure in 1965 based record labels such as FatCat Records, revoked, but due to the limitations that were put of the notorious Hippodrome that played host to TruThoughts and Mr. Bongo, all have helped to on their licence following the noise complaint, the The Beatles and The Rolling Stones. equip the Brighton & Hove audience with a quality venue was unable to continue hosting live music catalogue of artists. To continue to support our incredible live music events. The building is now derelict, in disrepair scene is to build on Brighton & Hove’s rich and covered in graffiti, becoming not only an Above The FlamingLips at the Dome Concert Hall. history as a creative city that attracts visitors eyesore but an empty space that can no longer be Photo Victor Frankowski worldwide. However, Brighton & Hove has some utilised by local residents.

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3 Licensing, Planning and Deed of Easement Asset of Environmental Health Policies An easement is the right to which a person has Community Value over land that is owned by someone else. A ‘deed Restrictions directly or indirectly caused by An Asset of Community Environmental Health, Licensing, Planning and of easement’ grants the right to use another person’s land within specified terms. In addition Value is a Community Right, other policies can create difficulties for live music which allows community hosts and venues. Noise complaints limit venues’ to allowing someone else to use the land owner’s property, a deed of easement can provide the groups, such as Parish ability to effectively host events while maintaining Councils for example, to good relations with communities. In the last right to do something on your own land which could potentially be constituted as a nuisance. ask the local Council to list decade, London has seen around 35% of its a property, or area of land grassroot venues close due to planning, licensing, A very early example of the implementation of which has importance to the financial and noise issues. an easement was a case in 1906. A Landlord let local community, as being a However, a 2011 report written by Mediation the top half of his property to be used as hotel “Community Asset”. The land Yorkshire, based on feedback from people who had rooms. The lower part of the building was used for or property is then subject gone through a noise complaint process, found a printing works and this was known to the tenant. to additional protection that 70% of respondents stated that they would It was held that the tenant could not complain of from development under the prefer mediation as opposed to enforcement as the nuisance caused by the noise of the printing 2011 Localism Act. This was a way of resolving future problems. There may be works as there was no evidence that the work was designed to give communities potential for the Council’s Environmental Health carried out improperly or negligently. an opportunity to take service to more actively promote and encourage control of the assets that are important to them. mediation as a way to foster good relations with properties. After the Ministry of Sound objected communities and protect music venues. to a planned development of flats nearby, the local The right to bid for status planning authority resolved the issue by ensuring After much campaigning by the Music Venues as a “Community Asset” can that the developers would contract with future Trust, the government recently backed the ‘Agent only come into place when flat owners so that they cannot object or make of Change’ principle. The National Planning Policy an asset’s owner decides to any noise complaints about the noise generated Framework with which local authorities are legally dispose of it. From this, local from the nightclub. This was a landmark case in bound to comply is now being amended to include groups will propose a bid for using existing legislation to protect and sustain a “detailed reference” to this principle. This will make the asset when it is sold. Once culturally significant space from the future threat housing developers building new homes near UK sold the building serves the of closure. venues responsible for addressing noise issues and community, its main use to further the social wellbeing has been welcomed by stakeholders in the music Venues or pubs where live music has been part or social interests of the local industry. Effects of this change should be closely of their heritage can acquire an easement if they community. monitored to gauge its potential to protect live have existed for more than 20 years. In 2003 a music hosts against potential noise complaints resident raised the issue of being able to hear the from future residential developments in the area. noise of low-flying aircraft in their home in ‘Dennis From top v Ministry of Defence’ (2003). The complainant The Ministry of Sound venue in London has Mural on the Prince Albert Pub, lost the case, as it was argued that the Ministry effectively used Deeds of Easement to ensure the Trafalgar Street, Brighton of Defence had low-flying aircraft in that area for ongoing survival of the venue in the face of new such a long time that a right had been established developments of closely proximate residential Henge at The Rose Hill Kid Kasino with Shea Soul at Agent of Change White Mink The Agent of Change Principle states that the person or business responsible for the change is responsible for managing the impact of the change. In practical terms, this means that a new residential planning proposal that is close to a live music venue will need to include appropriate noise reduction measures. Likewise, if a live music venue seeks to expand, the owner/operator will be responsible for the reduction of any noise that is caused by that change. The principle of Agent of Change has long been a part of UK Planning law, but has only just been made mandatory.

8 9 Brighton & Hove Live Music Venues Partnership Report | March 2018 March 2018 | Brighton & Hove Live Music Venues Partnership Report to cause the interference which would otherwise This policy applies across the city, as well as to any constitute as a nuisance. proposed music zone. Community groups have successfully applied Currently in draft, the City Plan Part 2 has Policy for Asset of Community Value status to DM39 ‘Protection of the Environment and Health protect venues that are of importance to local – Pollution and Nuisance” which will include communities. The property is then subject to reference to the fact that ‘sensitive uses’ should not additional protection from development under the be located next to significant nuisance generating 2011 Localism Act. uses, which include music venues. A local example is music venue The Rose Hill in It will also state that: Brighton which started life as a public house in 1840 and eventually closed in 2014. The building was • The operation of existing uses and businesses then bought by developers who submitted planning should not be prejudiced by the siting of new to turn it into ‘Luxury Flats’. The local community sensitive development. mobilised to save the building and the Rose Hill was • Developers and future occupants will be subsequently designated an Asset of Community expected to acknowledge existing uses, and Value. It is now solely run by local musicians who aim to preserve the creative space with a regular • Where appropriate, deeds or similar will be live music programme. The Rose Hill runs live required to remove the occupants right to music events several times a week, with the aim of complain about disturbance in order to protect creating a micro arts centre. As well as their own existing uses and businesses from losing events, they also hire out the space to external necessary operating licenses, the imposition of promoters, whilst maintaining a curated schedule. undue operating restrictions and closure. The beer cellars have been converted into music studios, which are linked to the main space so Additionally, there is also a ‘Public Houses’ policy the venue can offer live recordings of gigs, and currently in draft in the City Plan Part 2, seeking an independent multi-room studio and workshop to protect public houses, which will also be of • Introduced legislation to require the Victorian space. They also run artist residencies and relevance once adopted. 4 A worldwide perspective Commission for Gambling and Liquor have had several Arts Council supported 4.1 Music Cities Regulation to consider the Agent Of Change residencies already. principle when dealing with noise complaints. The IFPI in Canada released the report ‘Mastering Local Planning Policies of a Music City’ in 2014, which outlines 31 • Finalise planning Particular Provision recommendations to provide a roadmap to and Practice Note and introduce into the The council has several relevant policies such as planning system. Policy CP5 ‘Culture and Tourism’ within the City Plan becoming a music city, and worldwide, a growing number of cities with prevalent music scenes Part 1 development plan, that includes in Part 5 the • Introduce building reforms to reduce regulatory are starting initiatives such as these. In London, protection of live music venues: burden on venues less than 500 square metres the organisation Sound Diplomacy is leader of the in size. “Existing arts and performance venues including: worldwide Music Cities movement, which sees museums, art galleries, cinemas, live music venues, culture built into the urban environment through In 2008 Sunderland City Council launched a Music theatres and exhibition space will be protected policy. They are trusted by organisations around City initiative, a long-term strategy designed to and enhanced to maintain the city’s cultural the world to create and deliver strategies for bring all sectors of the music industry together. infrastructure. economic and cultural growth. The city of Sunderland has a credible history of artists and musicians including Dave Stewart (The In Australia, as well as being early adopters of Proposals for change of use would need to Eurythmics) and The Futureheads. The musical the Agent of Change Principle, the Coalition demonstrate: roots of the city are held in high regard by the Government addressed some of the wider issues local community, and this is one of many positive a. availability of adequate provision elsewhere in around protecting and supporting live music by movements made by Sunderland’s City Council to the city; and implementing the following: enhance their local music scene. b. that the existing use was no longer viable or • Established the Live Music Roundtable. could no longer be sustained on a long-term basis; or • Alcohol-free underage and mixed-age live music events on licensed premises no longer Above Electric Youth Ensemble at Your Place, c. that change of use was the only practicable require a permit. AudioActive. means of preserving a listed building.” Photo Victor Frankowski, Brighton Festival 2017 10 11 Brighton & Hove Live Music Venues Partnership Report | March 2018 March 2018 | Brighton & Hove Live Music Venues Partnership Report

Driven by the lead member for Safer City and 4.2 Music Zones Assigning zones to areas with a high part of the planning process, coordinate their Culture, Sunderland’s Music City initiative focused concentration of live music hosts should activities with all relevant city departments, and on the council working in partnership with Some cities have investigated the creation of encourage musicians and creatives to live inform future purchasers about the presence of promoters, venues and musicians, representing ‘music zones’ or ‘artist zones’ to offer protection near venues. This would not only encourage live music hosts and clusters. all forms and styles of music, and has resulted from new residential developments and soaring creativity, it could also improve the standard of in huge growth and an increased profile for live rents. Not dissimilar to Key Worker Housing, life for people living within these zones as well 4.3 Night Mayors music in the city. A good example of the success one of the main purposes of these zones is to as reducing the number of noise complaints Amsterdam was the first city in the world to achieved is the Bunker, a creative hub for young stop creative people being priced out of the city. in the area. Zones of this type may offer some introduce a Night Mayor in 2014, from projects people to rehearse and create music, hire Using London as an example, the average house protection from rental increases as well as ensure dating back to 2003. Mirik Milan was elected by equipment and receive support and guidance price is £600,000, with the average salary of an that there is protection from future developments festival-goers and club and bar owners in an with musical careers. Over time it has gained artist around £10,000 a year. In London there is which would put culture in the area at risk. Like online vote. Since then, vibrant and cultural cities recognition for its overall creative outlet. Barry an expectation that 30% of artist spaces will be many areas in the southeast, we have a housing across the Europe have been introducing Night Hyde from the Futureheads quoted: lost in the next five years. To prevent this, in The shortage and the need to build more homes will Mayors/Czars including Paris, Zurich, Berlin, London Plan, City Hall is looking at implementing not go away, so we must encourage partners to Toulouse and most recently London. The purpose “The Bunker is a superb place to Creative Enterprise Zones in areas that already work together to strike the right balance. have a high concentration of artists, to reduce of the Night Mayor is to manage and assist in the have in Sunderland, it is a breeding growth of the night time economy which includes ground for talent and without it I the amount of creative people who are currently Land Use Planning could be encouraged to take leaving the capital, due to the cost of living. into account culturally significant sites and zones live music, as well as ensuring that there is a doubt I would ever have become a to help protect their ongoing viability. Developers benefit to the wider community. professional musician’’. Above Flashmob at the Speigeltent Speakeasy. should take into account any existing spaces as Photo by Shotaway

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With many people visiting the city specifically 4.4 Funding 4.5 Business Rates 4.6 Busking for its nightlife, prior to the implementation of the Night Mayor in Amsterdam, residents would Many venues can struggle financially, and the Business rates are charged on non-domestic The City of London has introduced measures describe the city as a “nocturnal nuisance” “overrun” Music Venue Trust is a charity, set up 2014 which properties, and although the rates are set by to maximise the positive impact of busking. and a “4am war zone”. One of the key items that acts “To protect the UK live music network by the government, local authorities have a limited The Busk in London initiative created 39 pitches needed to be addressed was the behaviour of the securing the long term future of iconic Grassroots discretion to add some amendments and reliefs. across 25 central London stations and allowed intoxicated. As well as a Night Mayor, Amsterdam Music venues”. However, the organisation recently The most recent Business Rates revaluation, sponsors and advertisers to brand the pitches, also has a number of Rembrandtplein Hosts. The had their funding application rejected by the Arts which set the basis for charges over at least the bringing in revenue. A buskers’ Code of Conduct hosts generally patrol the city in the evening and Council England (ACE). ACE have come under next five years, came into effect in April 2017 and has also been created in partnership by street promote the basic rules of “Stay classy, think heavy criticism for allowing 85% of the £367m of resulted in significant increases to some venues. performers, the Mayor of London, councils, neighbours, drink inside, use a loo.” funding that was awarded to the music sector to The Council does apply transitional reliefs businesses and the police. Brighton & Hove, go to opera and classical music. As former culture automatically and has in place a Local Revaluation unlike other cities in England and Wales, does Mirik Milan commented on the instinctive approach minister, Ed Vaizey summarises: Relief Scheme that will mitigate some of the not require buskers to have a licence, however, of local authorities in the face of issues or complaints increased liability, particularly in 2017/2018, but in certain rules must be followed in order to keep about the night time economy within a city: “A vibrant music venue which is the longer term this overhead will increase. the public and the council satisfied. Generally breaking new acts has just as much these bylaws consist of not making too much “bring in a curfew, tighten right to be considered a cultural There are a number of rates reliefs that live music noise, not blocking public pathways, not hosts within Brighton could be eligible for such as regulations, shut places down, ban venue as a local or regional theatre.” displaying notices asking for payment and not stuff. It’s understandable: how can you Small Business Rate Relief, Charitable Rates Relief carrying out street trading (i.e. selling CDs). There is great potential for increasing funding and Hardship Relief. Although the Council promotes make good laws if you’re in City Hall, these reliefs, the majority of Live Music Hosts who The rules for busking on the BHCC website state with no real clue of what’s happening to grassroots venues via various means, from working in partnership with the national bodies were consulted prior to the writing of this report that ​when busking, the busker should: out there in the night-time? The only holding funds such as the Arts Council, to were not aware of any additional rate reliefs that way is for the night economy, City Hall they might be eligible for, other than the transitional • play at reasonable volume - only the nearby exploring different business models, researching audience should be able to hear you and residents to figure out, together, and learning from grassroots venues that have relief and pub relief automatically applied: how to make it work” managed to be successful in funding applications. “Even with proposed transitional • avoid using amplifiers The idea of a Night Mayor model for Brighton There are a host of funding bodies that support relief, such increases are • stop performing when asked by local residents & Hove was explored in the 2016 Policy Panel musicians throughout the UK, but very few unachievable by Grassroots Music or businesses report, but subsequently it was agreed that as a organisations set up specifically to help and Venues and will, inevitably, result in • avoid overstaying your welcome by moving to a model it requires many more stakeholders than assist with the running and supporting of live additional closures.” those involved purely in live music. At the time music venues and hosts. Despite this, there different place, at least 50 metres away, every hour is potential for exploring the various funding Music Venues Trust - of writing this report, work has begun on other • only perform between the hours of 10am to opportunities out there, which when partnerships Statement on 2017 Business Rates Review key strategies for the city that more closely align 10pm with this recommendation, so this concept has work together, could prove promising for assisting potential to be progressed elsewhere. the sustainment and development of the city’s Above Speakeasy at the Speigeltent. • not use drums when performing - they create grassroots venues. Photo by Shotaway lots of noise and complaints.

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4.7 Access As the aforementioned report is nationwide we Recommendation 1: Set up a Live Music cannot draw any firm conclusions for our city, but 5 Summary of Key Roundtable and Live Music Venue Partnership Brighton & Hove is famous for diversity and we do know that live music can benefit everyone, Recommendations inclusivity, yet it is important to recognise that and our city venues and live music hosts could The Live Music Roundtable, with the support of not everyone has the same ability to access live be better supported to welcome and encourage Based on the information provided within this the Live Music Venue Partnership, will champion music and more can be done to provide equality attendance amongst younger people and disabled report, the Brighton Music Office and Brighton live music in Brighton & Hove, and lead on taking of opportunity in this area. In recognition of this people. For example, 2016 data from Brighton’s & Hove City Council have outlined 4 Key forward the rest of these recommendations. fact, one of the Policy Panel recommendations ‘Stayuplate’, the gig buddy scheme for people with Recommendations for how we can, as a city, work Success will depend on many stakeholders across was to improve diversity and inclusion by doing Learning Disabilities and Autism, reports that to sustain and build on the importance of live the city joining and taking part in the Partnership, more to enable young and disabled people to there is one incident a month where people using music. These recommendations are based on an open network with various channels of participate in live music events. this service experience some kind of issue with tangible, shorter term aims, which with targeted participation. As it strengthens and develops, accessing live music. partnership work have the potential to show The ‘State of Access Report 2016’ by nationwide demonstrable improvements in the live music the Roundtable will provide a regular, proactive LGBT+ venues also form part of the identity organisation ‘Attitude is Everything’, who campaign sector in the city within a two year period. and positive dialogue between the council’s for better access to live music for deaf and of the city and have historically provided safe regulatory services and the city’s music industry disabled people, states that 1 in 3 venues provided spaces for residents and visitors to experience stakeholders, working together to support no access information on their websites, and only live music without fear of discrimination. The progress across this vibrant and creative sector. 31% of independent venues provided some access Mayor of London has recently worked with UCL to information. As part of their work to address this, highlight the loss of such venues in the capital and Live Music Roundtable Aims and Objectives they have recently developed a Grassroots Venue taken steps to stop any further closures through It is suggested that the Roundtable will: • Build communication links and foster positive Charter which promotes how to achieve best the London Plan. Through the Live Music Venue dialogue between all stakeholders, live music practice in this area. Partnership, venues could more easily work • Lead on driving these Recommendations venues and the council, and the city as a whole. together to help make their events more inclusive. forward Below Kemptown Carnival • Increase and promote the value of the live • Consist of approximately 20 members to music sector, and help promote positive represent the various associated businesses, attitudes, building understanding of the such as live music venues, live music hosts, importance of live music within the city’s day promoters, booking agents, musicians, and night-time economy. sound engineers, festival organisers, and key representatives from relevant council • Support diversity within the sector, working departments including Environmental Health, across all styles of live music. Licensing and Planning. • Improve accessibility to live music for all, • Review membership regularly to ensure new including people with disabilities and ideas and energy can emerge. young people. • Act as an umbrella group to pursue joint funding and other opportunities, and help drive business growth and stimulate investment. Live Music Venue Partnership It is suggested that the Partnership will: • To provide links to other partnerships as appropriate, ensure that key council • Be a network open to anyone working within Committees are kept up to date with the live music industry in the city, to join. developments, and the Live Music Venue Partnership priorities and the council’s • Provide support to the Live Music strategic priorities work to complement and Roundtable, helping inform decisions and support each other. take action within their individual scope, to help move the recommendations forward. • Lead on the provision of information, such as good practice, advice and other related • Have various channels of participation partnership links for the sector. such as an online forum for discussion, consultation and networking. • Consider other key issues for live music venues and hosts, and how they relate to • Be instrumental in gathering data to build the broader night-time economy. intelligence to help inform decision making.

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Recommendation 2: Produce an Online Resource Recommendation 4: Learn and gather Centre intelligence 6 Future Work ‘Future Work’ outlines areas that we know have This dedicated advice and information resource In order for this work to be successful, more the potential to make huge differences to the and platform could connect all types of needs to be done to help inform direction and success of live music venues and live music in stakeholder organisations and council functions priorities. The Live Music Roundtable could start the city in general, but require larger scale policy relating to live music across the city. To facilitate by leading on the following: changes, data gathering and research, or wider increased understanding and improved outcomes stakeholder involvement in order to action. for all, it could include: • Engage with and learn from other areas where ‘Music City’ and ‘Music Zone’ initiatives have Although some areas are suggested here, • Roundtable Updates: Updates and requests been successful. it is expected that progress on the Key for information from the Live Music Roundtable Recommendations will provide a better basis could be posted here. • Provide training, for example (a) music industry training could strengthen understanding of the for where to focus future work. • Resources: An online resource library including sector, and (b) training into the implementation Suggested future work areas: various information from key legislation on and effects of legislation could increase the topics such as noise complaints, licensing and ability of businesses to undertake their work. • Engage with the council’s Planning Service business rates information, to key contacts and in order to consider how best to protect and • Consolidate current and future data gathering to useful forms and templates. support live music within ongoing planning work. help focus future work and inform policy reviews. • FAQ: Answers to ‘Frequently Asked Questions’ For example building data intelligence on noise • Explore how business rates could better support and general ‘myth-busting’ to help visitors reach complaints in partnership with Environmental live music venues and hosts. the information they need, as well as assist in Health. paving the way towards a more positive view of • Explore a Busking Initiative. the sector. • Research proactive solutions in partnership with Environmental Health, such as promoting • Promote an event to celebrate live music. • Information: From information on the process mediation as the first route for addressing for noise complaints and how to access noise complaints against venues. mediation services, to guidance and good practice examples on how to make venues • Explore how the partnership members may more accessible for disabled people. be able to work together to mitigate issues or barriers to success. • Discussion forum: A place for everyone signed up to the Live Music Venue Partnership to share information, have discussions, ask and answer questions.

Recommendation 3: Develop a ‘Live Music Charter’ Agree and sign up to a Charter dedicated to improving the success of live music in the city, by: • Fostering better understanding of the sector in the city. • Providing clarity and improving visibility of the partnership’s aims and objectives across the wider communities. • Providing an opportunity for all parties to pledge how they will assist the driving forward of the recommendations and future work, for the benefit of all. • Reviewing the Charter regularly to ensure it remains relevant.

18 19 Brighton & Hove Live Music Venues Partnership Report | March 2018 March 2018 | Brighton & Hove Live Music Venues Partnership Report Further Reading/Reference Championing music in the city - Sunderland Music Zones Business Rates key reports Funding for Sunderland: Dedicated Artist Zones in London: Music Venue Trust - 2017 Business Rate Review The Mastering of a Music City: http://www.chroniclelive.co.uk/news/north-east- https://www.standard.co.uk/news/london/city-hall- http://musicvenuetrust.com/2017/02/government- http://www.ifpi.org/downloads/The-Mastering-of-a- news/funding-secured-landmark-sunderland- reveals-plan-for-dedicated-artist-zones-in-london- business-rates-2017-urgent-action-needed/ Music-City.pdf venue-12615360 to-protect-from-soaring-rents-a3343441.html Split Festival Website: http://www.splitfestival. London Mayor Press release on impact of 2017 Creative Zones in London for artists: Business Rate Review for Live Music Venues: Brighton Fringe: com/split%202014/about.html https://www.citylab.com/solutions/2016/09/ https://www.london.gov.uk/press-releases/ https://www.brightonfringe.org/ The Bunker Website: http://bunkeruk.com/ londons-plan-to-set-up-creative-zones-for-artist- mayoral/business-rates-increases-impact-on- Rescue Plan for London’s’ Grassroots Music housing/499823/ venues Venues: Asset of Community Value https://www.london.gov.uk/sites/default/files/ Enterprise Zones: Various Business Rate Reliefs: londons_grassroots_music_venues_-_rescue_ Localism Act 2011, Chapter 3, Assets of http://enterprisezones.communities.gov.uk/about- https://www.gov.uk/apply-for-business-rate-relief/ plan_-_october_2015.pdf Community Value: enterprise-zones/ transitional-relief http://www.legislation.gov.uk/ukpga/2011/20/ London Plan: part/5/chapter/3/enacted https://www.london.gov.uk/press-releases/ https://www.gov.uk/apply-for-business-rate-relief/ https://www.london.gov.uk/what-we-do/planning/ mayoral/search-begins-for-creative-enterprise- pubs The Rose Hill: http://www.therosehill.co.uk/ zones london-plan/new-london-plan https://www.gov.uk/apply-for-business-rate-relief/ UK Music: Agent of Change Bristol Temple Quarter Enterprise Zone: small-business-rate-relief https://www.ukmusic.org/news/wish-you-were- https://www.bristoltemplequarter.com/whos-in- Music Venue Trust - Agent of Change: the-zone/interactive-map/ https://www.gov.uk/apply-for-business-rate-relief/ here-2016-report-the-contribution-of-live-music- rural-rate-relief to-the-uk-eco http://musicvenuetrust.com/2014/09/what-is- agent-of-change-and-why-is-it-important/ Deed of Easement https://www.gov.uk/apply-for-business-rate-relief/ Brighton & Hove Council Mayor of London’s Proposed Agent of Change Definition: https://www.designingbuildings.co.uk/ charitable-rate-relief City Plan 1: Law: wiki/Deed_of_easement Enterprise Zones: https://www.gov.uk/apply-for- https://www.brighton-hove.gov.uk/sites/ http://www.blplaw.com/expert-legal-insights/ business-rate-relief/enterprise-zones articles/the-mayor-of-londons-proposed-agent-of- https://www.designingbuildings.co.uk/wiki/ brighton-hove.gov.uk/files/FINAL%20version%20 Easements cityplan%20March%202016compreswith%20 change-rule-what-difference-will-it-make Hardship relief: https://www.gov.uk/apply-for- business-rate-relief/hardship-relief forward_0.pdf Music Victoria: Lyttelton Times Company v. Warners LTD: PC 1906: Data: http://www.musicvictoria.com.au/resources/agent- Brighton & Hove City Council - Business Rate of-change-explained http://swarb.co.uk/lyttelton-times-company-ltd-v- Relief information: https://www.bhconnected.org.uk/sites/ warners-ltd-pc-1906/ bhconnected/files/City%20Snapshot%20 http://www.brighton-hove.gov.uk/content/ http://www.musicvictoria.com.au/assets/ business-and-trade/business-rates Report%20of%20Statistics%202014%202.pdf Documents/2014/Live%20Music%20Action%20 Legal Definition of Negligence: Agenda_August%202014%20v2.pdf https://lawshelf.com/courseware/entry/ Government Tax Service - Find Your Business The Freebutt introduction-to-negligence Rate: http://www.musicvictoria.com.au/assets/ https://www.tax.service.gov.uk/business-rates- Information provided by interview with Andy Documents/Music_Victoria_position_paper_Li.pdf Rossiter - one of the previous owners of the find/search Freebutt UK Music Campaign: London Business Rates: https://www.ukmusic.org/news/agent-of-change Freebutt closure: http://brightonsource.co.uk/ http://www.voice-online.co.uk/article/fifth- news/freebutt-closes-penthouse-stays/ london%E2%80%99s-music-venues-could-be- forced-close http://www.theargus.co.uk/news/8713791. Brighton_s_Freebutt_owners_say_goodbye/ The Impact of Business Rates Revaluation on Grassroots Music Venues in London: http://www.nordicity.com/media/2017411ntffupuru. pdf

20 21 Brighton & Hove Live Music Venues Partnership Report | March 2018 March 2018 | Brighton & Hove Live Music Venues Partnership Report Notes Equality of Access Funding http://www.attitudeiseverything.org.uk/resources/ Arts Council England National Portfolio Funding publications/state-of-access-report-2016 2018 – 2022: http://www.artscouncil.org.uk/NPO http://www.attitudeiseverything.org.uk/ Busking diyaccessguide Busk In London: http://buskinlondon.com https://stayuplate.org/ TFL - Busking: https://tfl.gov.uk/corporate/about- https://www.london.gov.uk/press-releases/mayoral/ tfl/culture-and-heritage/busking?intcmp=2847 mayor-pledges-support-to-lgbt-venues-in-london Camden Busking Restrictions: Licensing and Environmental https://www.theguardian.com/society/2014/mar/11/ Health Policy high-court-upholds-camden-busking-restrictions Brighton & Hove Independent Mediation Service: BHCC - Busking: http://www.bhims.org.uk/ https://www.brighton-hove.gov.uk/content/ http://www.bhims.org.uk/wp-content/ community-and-life-events/noise-and-pollution/ uploads/2014/07/Assessing-the-Impact-of- buskers Neighbour-Dispute-Mediation.pdf Night Mayor/Czar Environmental Health, Brighton: https://www.brighton-hove.gov.uk/content/ Night Mayor - Amsterdam: environment/environment-health-service-standards https://www.theguardian.com/cities/2016/mar/21/ night-mayor-amsterdam-holland-mirik-milan-night- Government Guidance on Noise Complaints: time-commission https://www.gov.uk/guidance/noise-nuisances- how-councils-deal-with-complaints https://www.citylab.com/solutions/2016/01/night- mayor-amsterdam-mirik-milan/433893/ What action can the council take and what can the public expect: Night Czar - London: http://www.brighton-hove.gov.uk/content/ https://www.london.gov.uk/press-releases/mayoral/ community-and-life-events/noise-and-pollution/ mayor-reveals-uks-first-ever-night-czar what-action-can-council-take-and-what-can https://www.vice.com/en_uk/article/mvx5w8/ Comparative Noise Examples: london-night-mayor-270 http://www.industrialnoisecontrol.com/ Night Mayor - New York: comparative-noise-examples.htm https://www.nytimes.com/2017/08/30/arts/new- Synergy Centre refused licence: york-night-mayor-europe.html?mcubz=1 http://www.brightonandhovenews.org/2016/01/23/ London 24 Hour City Vision: have-your-say-about-the-future-of-brightons- https://www.london.gov.uk/sites/default/files/24_ synergy-centre/ hour_london_vision.pdf Sound and Noise Control: London Music Board: http://www.industrialnoisecontrol.com/ https://www.london.gov.uk/what-we-do/arts-and- comparative-noise-examples.htm culture/music/london-music-board

London’s Grassroots Music Venues Rescue Plan: https://www.london.gov.uk/sites/default/files/ londons_grassroots_music_venues_-_rescue_ plan_-_october_2015.pdf

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