Clearly at this stage I and the Council did not want to stifle traditional Christmas activity such as Carole singing so an interpretation of 'in the presence of an audience and for the purposes of entertaining that audience's has been somewhat generous in favour of these events. As we issue licences for open areas this interpretation may be tightened having regard to any guidance or case law which may emerge. At present no TENS have been issued and therefore the full allocation of TENs is still available. *** has been made aware of the use of these notices and the procedure to follow.

This is fascinating. It is evidence that LAs at least do see that the interpretation of the words of the Act is a matter for local policy making. However - these officers seem to think that it is a matter only for paid employees and servants of the borough to decide and change these interpretations.

In the final analyis it will be a matter for the courts but LAs do have to place a workable interpretation on them first. It is the officer's role to advise on this. But I would suggest that in this case the current 'generous' (or cowardly) interpretation of 'in the presence of an audience and for the purposes of entertaining that audience's' is kept until some legal challenge is made to it.

I would suggest that any move by the officers alone to change a interpretation of these words that currently enable carols and other simlar music making events without temporary or permanent permissions is challenged. It is matter for the local Licensing Authority to decide this matters with reference to the local Statement of Licensing Policy.   

Officers really can't be permitted decide interpretations of the words of legislation based on their readiness or not to issue the required licenses and decide on a less generous interpretation of these same words when they feel they are ready..........

As they state - case law is one thing they must now wait for and any guidance issued now is obviosly far too late for they have made the local interpretation based on current guidance. Pressure from the LA on the Secretary of State to change the words in Schedule 1 is probably the best option.