The Mudcat Café TM
Thread #83044   Message #1527621
Posted By: GUEST,Hamish Birchall
25-Jul-05 - 04:31 AM
Thread Name: Minister say's jamming OK in UK
Subject: RE: Minister say's jamming OK in UK
I am responding to Richard P's comments concerning potential culpability of musicians under the new Act.

When I am contacted by the charity that sets up hospital and nursing home performances, it is my responsibility to organise the other musicians in order to make up the trio or quartet that has been requested. That means phoning the other musicians, booking them if they are available, telling them where and when to turn up, and afterwards forwarding their fees. I also have to liaise with the hospital in advance of the performance, checking musicians' access and other logistical details.

This activity on my part clearly falls outside the potential culpability exemptions in Schedule 1, para 1(6). Significantly, such activity is the norm for any musician/bandleader when approached by an entertainment agent, or directly by a potential customer, intent on organising a professional performance.

Significantly also, where private events are concerned, ANYONE concerned in the organisation or management of the entertainment who makes a charge (with a view to profit) is caught, provided the charge is paid by or on behalf of some of those for whom the entertainment, or entertainment facilities are provided.

No distinction is made between agents, bandleaders, marquee hirers, DJs, dance floor providers etc etc: if any one of these were to make a charge in this context, they are caught.

In the past, Richard, you have been something of an apologist for the new Licensing Act.

Do you personally believe the criminalisation of private hospital gigs, or indeed the vast swathe of hitherto private and exempt performances, is justified? If yes, I am sure all your readers would be eager to understand why.