ARTISTS MUST FIGHT LICENCE BUREAUCRACY

Submitted by Editor on Thu, 08/03/2012 - 14:47

On 1 April 2012 it will become necessary to have a Public Entertainment Licence for any kind of public art in Edinburgh, writes Spurtle reader and artist Jen McGregor.

Even the smallest grassroots events being run for free will require a licence, which must be applied for six weeks in advance. (More information here.)

This means no immediate, responsive art and certainly nothing spontaneous.

This means licence fees which may run as high as £600. This means health and safety checks involving numerous council departments. That's assuming that you have time to do the extra paperwork in the first place, along with creating and publicising your event.

Glasgow City Council has scrapped the introduction of the licence for free events (for now, at any rate). Dumfries and Galloway has limited it to events such as bungee jumping, circuses and sunbeds. At a recent public meeting at Out of the Blue, Leith Central Councillor Rob Munn suggested that Edinburgh Council will defer the introduction of the fee for six months, but we'll still have to fill in the forms as of 1 April.

Of course, that doesn't suggest that the fees will simply be applied at a later date in any way, and there's nothing remotely troubling about the fact that this puts in place an ideal mechanism for discreet censorship.

I say NO. It was suggested at the same meeting that on 1.4.12 we Edinburgh artists should stage as many unlicensed events as we can. Anything at all. As long as it's art. As long as it's entertainment. As long as it's open to the public and free of charge. Find a location and do your thing. Publicise it or don't. Show off your pictures, burst into song, wax poetical, make a scene, find an audience! Just don't apply for a licence.

There is still a chance that this legislation won't go through. The Regulatory Committee is meeting tomorrow, so there is still hope that they'll take the concerns of the grassroots artistic community on board and scrap the whole thing. Let's hope ... If that happens, let's do this anyway and celebrate our many artforms surviving their brush with bureaucracy!

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Update [posted by Spurtle on 9.8.12]

Here is a transcript of the exchange between Malcolm Chisholm, MSP and First Minister Alex Salmond during yesterday's Scottish Executive Question Time (8.3.12):

Malcolm Chisholm (Edinburgh Northern and Leith) (Lab):

5. To ask the First Minister whether the Scottish Government will issue guidance on the new public entertainment licensing regime. (S4F-00515)

The First Minister (Alex Salmond): The Cabinet Secretary for Justice wrote to assist licensing authorities this week by setting out the powers that they have to decide what they wish to license and not to license. The amendment to the law was introduced to allow local authorities to control and ensure safety at large-scale free-to-enter events, such as raves and fireworks displays.

When local authorities take licensing decisions, we expect them to take account of the impact on cultural activity and small-scale events in their areas, to continue to support the fantastic individual, grass-roots and community-based artistic talent in Scotland. That is the case at any time but is particularly important in the year of creative Scotland.

As Malcolm Chisholm asked the question, I am pleased to note that the City of Edinburgh Council has indicated that no free cultural events for audiences of less than 200 people will be affected.

Malcolm Chisholm: I thank the First Minister for the letter, which was at long last issued yesterday, so soon after my question appeared in the Business Bulletin. Last week, I spoke at a constituency meeting of more than 200 people who were very concerned about the threat to grass-roots culture and very annoyed about the new licensing legislation and the absence of any guidance about it. Given that the Scottish Government did not understand the immediate implications of its proposed legislation when questioned about it at stage 1, will it now take every action possible to promote and support our vibrant grass-roots culture in this year of creative Scotland?

The First Minister: I congratulate Malcolm Chisholm on his question and on eliciting the response that I am about to give him. I gently point out that the problem cannot really have been legislative; if it had been, a letter of guidance could not have sorted it. As he is well aware, local authorities have discretion under the legislation, which they are now using. I hope that he welcomes the excellent letter of guidance that has gone out to local authorities from Kenny MacAskill.

Incidentally, I would be the last person to say that independent-minded members of the Parliament cannot have a key role in asking key questions on issues that are of public concern. I congratulate Malcolm Chisholm on doing that.

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STV tweeted live from the Regulatory Committee meeting from 9am this morning (9.3.12). Below is there unedited coverage (most recent tweet first).

STV Edinburgh motion proposes that council will require "large events" to have #artslicense between 1st and 20th April but no definition.