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The live music and theatre industries have launched legal action against the British government to force publication of the Events Research Programme data
By IQ on 24 Jun 2021
Live music industry body LIVE and a range of theatre businesses, including Andrew Lloyd Webber’s Really Useful Group, Cameron Mackintosh, Michael Harrison and Sonia Friedman, have commenced legal proceedings against the UK government to force it to hand over the report from its series of test events, the Events Research Programme (ERP).
The ERP is the government’s research into Covid-19 mitigations in sport, entertainment and business conferences settings. The music industry and theatre businesses have repeatedly called on the government to outline the scientific basis for its decision to maintain restrictions on events. Despite portions of the ERP economic impact assessment being leaked to the media this week, the government refused calls from many MPs in a debate on Tuesday 22 June to release the report in full.
Several UK festivals, including Kendal Calling, Truck and Let’s Rock, have cited the non-release of the ERP data as a reason for cancelling their 2021 events. “Without this safety guidance, there are numerous aspects of the festival we cannot plan, and which could lay us wide open to last minute unforeseen regulations or requirements which could scupper an already built festival,” reads a statement from Kendal Calling, which cancelled earlier this week.
Stuart Galbraith, CEO of Kilimanjaro Live (which recently acquired Let’s Rock) and co-founder of LIVE (Live music Industry Venues and Entertainment), the representative body for the live music industry, says: “The live music industry has been very willing to work with government for the last year to show that our industry can operate safely. But it is intolerable that after running pilot shows for the government’s Events Research Programme, at our own cost, we have been blocked from seeing the results, leaving the whole sector in limbo with the real chance that the entire summer could collapse for the second year running.
“Even now, the live music sector has no idea what the rest of the summer brings, and we are left with a complete inability to plan ahead due to the government’s continued unwillingness to provide some form of insurance to enable events to move forward.”
“The govt’s actions are forcing theatre and music companies off a cliff as the summer wears on, whilst cherry-picking high-profile sporting events to go ahead”
In the legal action, lodged today, the parties assert that the government has “flagrantly breached the ‘duty of candour’ which requires it to be transparent when faced with a legal challenge and that none of the reasons given for withholding the Events Research Programme material they seek withstand scrutiny”. They have asked the court to consider their application at an urgent hearing as soon as possible.
“The government’s actions are forcing theatre and music companies off a cliff as the summer wears on, whilst cherry-picking high-profile sporting events to go ahead,” comments theatre impresario Andrew Lloyd Webber. “The situation is beyond urgent.”
As well as declining to publish the ERP results, the bodies argue that the British government is yet to provide any form of insurance scheme for the sector or to make it clear what kind of ongoing mitigations may be required in the future – effectively making it impossible to plan for any live entertainment business. According to recent research from LIVE the potential four-week delay to reopening will lead to around 5,000 live music gigs being cancelled, as well as numerous theatre productions across the country, costing hundreds of millions of pounds in lost income.
Peter Gabriel, speaking for WOMAD Festival, says: “Without immediate government intervention, the festival industry is on the brink of collapse. That doesn’t mean cash, it means providing the certainty to enable us to deliver festivals, guidance on safety, and an understanding of how their timing affects us in the real world.
“We struggle to understand why these trials took place if the government can’t now tell us the results and how that will affect all of us”
“At the end of this week, WOMAD will be faced with one very difficult and heart-wrenching decision. Millions of pounds of investment and the livelihood of around five thousand people are at stake. Several pilot events have been successfully run over recent months. But, like other festival teams, we need to be told what that research means for WOMAD. We struggle to understand why these trials took place if the government can’t now tell us the results and how that will affect all of us.”
While today’s suit focuses on forcing the government to release the findings of its pilot programme, the suit is also critical of the lack of guidance for the forthcoming step four – the final stage of reopening, provisionally scheduled for 19 July. Lack of clear guidance was a contributing factor to Kendal Calling cancelling earlier this week despite it taking place after the step 4 date.
Craig Hassall, CEO of the Royal Albert Hall, says: “The chronic uncertainty and endless indecisiveness from government, and pilot events with no published results, have damaged audience confidence and further harmed a sector that has already been decimated by the pandemic. For as long as venues like the Royal Albert Hall, and hundreds more across the country, are prevented from effectively operating with no justification, we cannot play our part in supporting the critical ecosystem of freelancers, small businesses and suppliers who rely on us and who are so desperately in need of work.”
Live entertainment and theatre generate £11.25 billion in gross value added each year, and the sectors support just under one million jobs between them.
LIVE’s members are the Association of Independent Festivals (AIF), Association for Electronic Music (AFEM), Association of Festival Organisers (AFO), Association of Independent Promoters (AIP), British Association of Concert Halls (BACH), Concert Promoters Association (CPA), Featured Artist Coalition (FAC), The Entertainment Agents’ Association (TEAA), Music Venue Trust (MVT), Music Managers Forum (MMF), National Arenas Association (NAA), Production Services Association (PSA) and Society of Ticket Agents and Retailers (STAR).
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