Glasgow City Council has pledged to find a way around new legislation which has been branded a tax on creativity.
With pressure mounting from a new campaign against changes to the law on public entertainment licences – involving artists, gallery owners, musicians and publishers – a spokesman for the local authority said it will seek a temporary solution so that small art exhibitions will not require a licence.
The move – a redefinition of the term exhibition, the council said – will represent immediate steps which help to protect Glasgow's art scene.
The Herald revealed on Saturday anger at the implications of changes to the Public Entertainment Licence law, which mean that from April 1 temporary free exhibitions or shows need a licence costing between £124 and £7500.
The changes are part of the Criminal Justice and Licensing (Scotland) Act of 2010, which the council said made it compulsory for free exhibitions and other events to require a licence.
However, the council's new solution would mean temporary, non-commercial exhibitions which are for artistic or other related purposes will not need licences.
The council said the new measure was intended to protect the grass-roots art scene.
More than 6000 people have signed a petition which calls for the council to urgently review and scrap the proposed fees and one of Scotland's most revered artists, Alasdair Gray, as well as Deputy First Minister Nicola Sturgeon, expressed their dismay at the charges.
Campaigners fear Glasgow's success in contemporary visual art and music – which is in part driven by DIY shows, pop-up events, artist-led spaces and shows in industrial or residential sites – would be undermined by the new legislation.
Among the exhibitions threatened is an event by Glasgow photographer Alan Dimmick, who documented people, places and events that contributed to Scotland's worldwide reputation for contemporary arts. It is due to open at the Gallery of Modern Arts on Friday.
In a statement, the city council said: "We warned about the impact of this change to the law, but were ignored."
A spokesman added: "It was obvious it would cause problems for organisers of small events who had never previously required a licence.
"A temporary solution was being worked on before the row broke and it will go before councillors soon. The proposal is, by clarifying the exact definition of an exhibition, we can ensure small art shows will not need a licence.
"We will take a longer term look at how public events will be licensed in future, but it is important to take immediate steps to protect Glasgow's art scene."
The council said it had to include exhibitions in the list of events covered by the 2010 Act, as it was an amendment to the Civic Government (Scotland) Act 1982 that said a licence for an exhibition was required if people paid for entry. This list was carried over despite the change in the law.
A briefing circulated to councillors yesterday added: "It is recognised that due to the change in legislation there is a risk that people may be deterred from staging small scale temporary exhibitions which are designed to enhance the cultural reputation of the city.
"Members of the Licensing and Regulatory Committee will shortly be asked to consider a proposal which will clarify the definition of an 'exhibition'."
Ms Sturgeon said the new legislation "was in response to concerns that had been raised about the lack of control local licensing authorities had over large scale free-to-enter events such as raves".
She added: "However, it is important to stress the new law does not mean local licensing authorities are required to insist on free-to-enter events having a Public Entertainment Licence. The discretion lies entirely with the local licensing authority – in this case Glasgow – to determine what types of events they license.
"As I understand it, there is nothing whatsoever in the law to prevent Glasgow from exempting all or certain categories of free-to-enter events from the requirement to have a public entertainment licence." She said she had asked for an urgent meeting the council's licensing department to discuss her "concerns".
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