THE FACTS ABOUT THE LICENSING/LIVE MUSIC CRISIS
There has been a lot of email traffic lately about changes to the Liquor Control Act and/or the Liquor Control regulations which have suddenly required music venues to hire security guards. There has also been  mention of "private contractor" enforcers.

The Musicians' Union of Australia has taken all this seriously and recoginises the threat that the situation poses to live music. The first thing we did was investigate the legislative and regulatory changes that are alleged to have occurred. Here is what we actually found and what wehave been doing to try save the situation.

1. There have been no recent changes to the act that require security guards for venues putting on live music.

2. There have been no recent changes to the regulations that require security guards for venues putting on live music.

3. There has been the creation of a "Compliance Directorate" comprising 40 civilian inspectors. This occurred in June 2009. (What they can docan be viewed here:

http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Liquor-Compliance+Directorate?OpenDocument&1=75-Liquor~&2=65-Compliance+Directorate~&3=~

It seems that the current situation has arisen due to the interaction of a number of factors and at a time when the State Government is being very publically active on the issue of alcohol related violence. This appears to be the target and the effect on live music is more like "collateral damage".

There have long been requirements on many individual Liquor Licenses for the mandatory provision of "Crowd Controllers" when amplified music is put on, these requirements are usually in an "Amenity Clause".

(Any licence can be viewed here:
https://liquor.justice.vic.gov.au/alarm_internet/alarm_internet.ASP?WCI=index_action&WCU)

The introduction of civilian inspectors as well as police has resulted in a more active enforcement of licence conditions. In most cases it appears that the problem has arisen by the enforcement of existing requirements rather than the introduction of new ones.

SUBMISSIONS TO THE RIS
Quite a few people have made submissions to the "Regulatory Impact Statement" in the belief that this has something to do with new security conditions for live music. The RIS is actually dealing with a proposed new model of Licence Fees for venues based on "risk factors". There is, however, an extremely useful pice of information in the statement. It basically says that there is no evidence that music is a "risk factor" for alcohol related harm.

WHAT WE HAVE DONE
Once we had sorted out all the facts of the situation, we decided that the best approach was to send out a media release describing the situation that was occurring and pointing out the inappropriateness of the typical amenity clause when the government's own report said that there was no evidence that live music was part of the problem.

RESULTS
Our media release produced a very rapid response from the office of the state Minister for the Arts. After a discussion during which we suggested some solutions to the problem we were invited to submit our proposed solutions in written form. This has been done and the
minister's senior advisor has reponded positively. The minister herself is apparently away and will not return until early next week.

It is very important to understand that any solution to this problem, if it has a chance to suceed, must recognise the existence of a control problem in some licensed venues. It is also important to undrstand that we would have very little chance of success if we expected the government to allow venues to act contrary to existing laws and
regulations. The key is to change the regulatory structure without undermining its credibility or effectiveness. This situation has arisen in an environment where publi c concern over violence in licensed venues has prompted a strong government response. Questioning either the concern or the response is likely to be counter productive.

WHAT CAN I DO?
We would would like all musicians and supporters to help us save the situation, here is a lsit of steps you can follow to do that:
1. Read and digest this email so that you get a good understanding ofthe issues.
2. Send this email to as many other potentially interested people as you can.
3. Let the Union know you want to support the effort (email us on musiciansua@aol.com and provide the best email address for us to send updates to)

It is impossible to predict how long this campaign might take but having a well informed and connected mass of concerned people behind it is vital.

Please feel free to contact me if you have any questions.

Terry Noone
Secretary
Musicians' Union of Australia
(Melbourne Branch)
150 Bell St. Coburg VIC 3058
Tel:(03)9355 7620
Fax:(0309355 7621
Email:musiciansua@aol.com
Web:musicians.asn.au
Online Magazine: www.thedues.com