The Mudcat Café TM
Thread #87393   Message #1633873
Posted By: The Shambles
23-Dec-05 - 12:13 PM
Thread Name: Law prevents carol singing
Subject: RE: Law prevents carol singing
This DCMS website advice and the statutory guidance (for what they are worth) all stress that if the activity is not for the purpose of entertaining it is not Regulated Entertainment.

The most important change to the old legislation which presents us with some hope - is that things like darts can equally be as much Regulated Entertainment as live music now. This demonstrates that local authorities (like mine) are simply showing a historical prejudice when it comes to live music and participatory session in particular, if they introduce additional restrictions to live music that they would not apply to social games of darts and pool, for example. And they are not following the statutory guidance to the Act - as they are required to.   

The following from the DCMS website.
If the re-enactment was staged purely for the enjoyment of those taking part and not for the purpose of entertaining an audience, no licence would be required.

No, unless the rehearsal is provided for the entertainment of the public, or the members and their guests of a qualifying club in relation to the provision of regulated entertainment or for consideration and with a view to profit.

Games commonly played in pubs like pool or darts would not necessarily need to be authorised under the licence as they are not generally played for the entertainment of spectators. However if, for example, a darts exhibition match or championship were staged for spectators, that would be regulated entertainment.


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If social pub games are not to be so considered - do you consider arranged carol singing meetings outside supermarkets and regular participatory sessions an entertainment which takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience?

My view would be that any musical activity could and would repeatedly take place to the satisfaction of the participants in the complete absence of any audience or spectators (like a social game of darts) – it cannot and should not be considered as Regulated Entertainment.

A logical look at it from the other side is. The main requirement of an entertainment is missing if the organiser/licensee cannot rely on anyone turning-up or rely on on anyone deciding to play or sing if they do. Without some way of obligating the 'entertainers' to entertain - there is little point in attracting an audience expecting to be entertained.

Sadly as demonstrated by my letter - this logic and the words of the Act do not seem to be able to counter years of prejudice against live music by some LAs.