The following quote from the Local Government Ombudsman 03 April 2008 Ref 07/B/13783/BM. It refers to advise contained in a letter to me and a local Councillor dated 5 May 2006.

She [Bridget Downton then Corporate Diector of Weymouth and Portland Borough Council] enclosed information available and commented on the Council's view of what constituted incidental music. This was considered to be; music that could take place without an audience, music that would not be advertised or held on a regular basis: and music that would not be amplified. She added that the Council's preference was not to apply 'a one size fits all' approach and to consider each case on its merits and to advise licensees accordingly.

The LGO also states 03 April 2008 Ref 07/B/13783/BM: I have not found evidence that the Council's officers have given misleading advice and information to Members or that the authority has acted in disregard of government guidance in its interpretation of the new statutory provisions for premises licensing.

That the LGO finds in favour of the Council's employees here, is not surprising as they do this in a about 95% of all complaints and that is not to say that the remaining 5% are happy with the outcome.

So as there is no effective watchdog, it should come little surprise when council employees feel that they are safe to advise what they choose to and feel that their advice has more authority than that which is offered by Government Ministers.