Access All Areas October 2018 | Page 28

HOT TAKE VISAS AND PRS... This issue, our Hot Take section covers two issues dominating festival industry chatter - PRS For Music’s rate cut, and the widely reported difficulties artists face getting visas into the UK... 28 Protesting taxes and visa restrictions STEVE HEAP General secretary of the Association of Festival Organisers I’m never quite sure whether it was the Greeks or the Romans that discovered, or indeed invented, percentage, but whichever it was, it was a great idea. Up to 11 June 2018 the Performing Right Society (PRS) had licensed festivals at 3% of gross ticket income and this has stood us very well for over twenty years. As ticket prices go up the percentage goes up and therefore the PRS on behalf of their members, were collecting a higher fee each year that the price of the ticket went up. However, three years ago the PRS Board representing all their members (questionable) decided that this percentage was not enough and that even though the price of tickets had continued to rise, therefore delivering them a higher income, an increase in the percentage was needed. Negotiations with a live music consortium known as LSPs commenced and after literally dozens of meetings, reams of correspondence, some hard words and a final agreement, the new tariff requested by PRS was put before a copyright tribunal who agreed to the PRS request and indeed the LSPs agreement. The battles were hard-fought, the war probably not really won by either, except to say that in early stages PRS quoted many other countries in Europe licensing live music at 6, 7 or even 8% of gross takings, so to have now beaten this down from 3% prior to this tribunal to 2.5% in some cases and up in others to 4%. More online at access.co.uk GEMMA WILSON Immigration department, Laceys Solicitors With international music acts contributing to the £3.5bn UK music industry it is disappointing that acts across the world are now facing a Home Office visa disaster; with 2018 predicted to reach the highest level of refusals for applicants on routes of entry to the UK for artists and entertainers. The creative sector has been largely hit since 2012 with many visa decisions being moved out of foreign consulates to Sheffield, the problem has deteriorated further, with inexperienced staff incorrectly applying sponsorship guidance when issuing visas which in our experience has disproportionality penalised applicants on a worldwide basis. It is no secret that the UKVI service in regard to the creative industry in recent times has been widely criticised as not being fit for purpose with more and more appeals being granted due to simple errors caused by processing entry clearance officers [ECOs] not to mention the yearly increase of fees which presently do not appear to represent value for money. It is also incredibly difficult to contact the ECOs to enquire over a refusal or delay in the visa application processes. The ECOs become enigmas and are completely unaccountable for their incompetence, which has in our experience cost tour promoters and their artists tens of thousands of pounds and massive reputational damage as, apart from appealing against an incorrect decision, there is currently no compensation available for the wrong decision that are often overturned. More online at access.co.uk