The Mudcat Café TM
Thread #37940   Message #533896
Posted By: GUEST,Hamish Birchall
23-Aug-01 - 09:33 AM
Thread Name: Important - Attention All Mudcatters
Subject: RE: IMPORTANT -ATTENTION ALL MUDCATTERS
Glad to see so much input on this thread.

A footnote about the Con Tempo quartet and public safety: in previous years Waterstones in Hampstead had put on live music to accompany book readings on a fairly regular basis. The recent interference by Camden is a first for them.

The public safety issues (of having 100 or so people sitting listening to the readings - or music) would have already been addressed. As a 'workplace', under existing safety legislation, employers have a statutory duty to undertake risk assessments that take into account ALL actitivies on the premises. They must then ensure that appropriate safety measures are implemented.

Irrespective of whether that activity requires a PEL, the local authority is the enforcing authority for this safety legislation. They must inspect workplaces, and if they find that health and safety is not properly managed they have the power to request that improvements be made or that the activities stop until the required standards are met. These inspections may cover 'practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities...' [para 9, Schedule 1, Health and Safety (Enforcing Authority) Regulations 1998].

This same principle applies to pubs or bars - they are all 'workplaces' for the purposes of safety law.

In short, there is a perfectly adequate legislative framework already in place to address the safety issues of live music in pubs. In this context, PELs are merely duplicating an existing provision. This has been the case for at least 10 years.