Sorry not to have got back to you sooner following the meeting on Monday with Anthony Lester about freedom of expression vs local authority PEL enforcement. I have been away for a couple of days.

The meeting went well. Lester grasped the issue quickly and is very interested. His main suggestion echoes many of your comments above: a test case is required (not necessarily to go straight to court with). He would study it, and would then write a formal 'opinion'. This can't happen immediately, however, for the simple reason he is working abroad for the next few weeks.

So there is a real prospect of a legal assault on PEL enforcement where it clearly infringes the right to freedom of exression under Article 10 of the European Convention. To have support from the most eminment human rights lawyer in the UK is a great step forward.

Interestingly he knows the New York lawyer (Professor Paul Chevigny)who won the jazz musicians freedom of expression case against very similar laws there in 1988 (a three-musician limit in zoned areas of the city). Lester looked through a copy of the New York judgement which would now form part of any musicians' case here (if anybody would like a copy I could e-mail it).

Tim Walker, EFDSS' Chief Officer, also attended this meeting. May I suggest that, if you haven't already done so, those of you experiencing heavy-handed enforcement should contact Tim as soon as possible. EFDSS are now committed to following this through, and they will need all the information they can get so that a suitable case can be used as an example. EFDSS phone number is: 0207-485 2066.

Among other possible organisations, we are going to involve Jazz Services, which is dedicated solely to the promotion of UK jazz. Chris Hodgkins, Director of Jazz Services, has already been contacted by Tim Walker and will be meeting Tim and me in the next week or two to discuss strategy.

Incidentally, under the Human Rights Act anyone whose European Convention rights are directly affected by local authority enforcement can bring a case against the council. It doesn't have to be the individual who is being prosecuted or threatened with prosecution. In the case of live music in pubs, it therefore doesn't have to be the licensee (in any event his/her freedom of expression is not at issue). There is very clear guidance on all aspects of the Human Rights Act on the Home Office website: www.homeoffice.gov.uk

Once you have navigated to the Human Rights section, the document to look for is called 'Core guidance for public authorities: a new era of rights and responsibilities'. Paragraphs 30 and 59 are of particular relevance.

A day of protest is planned - the original June 13 date has been postponed due to the rearranged General Election. The event should now be in the last week of July. Again, please contact Tim Walker if you want to be involved. A public announcement and media briefing will take place as soon as the planning is finalised.