The latest letter to Michael Portillo MP from Dr Howells, makes a new and rather important observation (in bold). Mr Rubie's concerns are posted earlier in this thread.

Thank you for your letter of 17 February, enclosing one from your constituent, Mr Stephen Rubie of ……………………, who is the licensee of the 606 Club. Mr Rubie has expressed concern over the current public entertainment licensing laws.

Unfortunately, I was unable to attend the adjournment debate in the Commons as I had to be in the United States of America to promote Britain's hospitality, leisure and tourist industries in the Golden Jubilee year. However, I am aware of what was discussed at the debate.

Although it would be inappropriate for me to comment on individual cases, I would like to take the opportunity to explain the relevant law. There is no current restriction on the number of musicians or dancers who may perform together in licensed premises if the licensee has first obtained an appropriate public entertainment licence from the local authority. However, under Section 182 of the Licensing Act 1964 a public entertainment licence is not required if music or dancing is performed by less than three performers on licensed premises i.e. the 'two in a bar rule'. The rule is intended to apply to public performances put on by a public house to entertain the public and should not prevent ordinary people singing together or dancing in public houses.

The purpose of licence conditions is to ensure safety, minimise nuisance and prevent crime and disorder, and we would expect local authorities to take these factors into consideration when considering applications for public entertainment licenses, particularly during special occasions such as the Golden Jubilee.

Local councils have considerable discretion under the existing system for public entertainment licensing with regard to conditions and fees, and it is acknowledged that there are inconsistencies which must be addressed. The councils have been formally advised that their conditions should be relevant the venues, and that the replication of regulations which may contribute towards higher fees being charged should be avoided. My Department is continuing to liase with the councils and is looking into the possibility of offering further guidance on public entertainment licenses in the near future.

As you know we are planning a comprehensive reform of the alcohol and public entertainment licensing laws. Details of the proposals can be found in the White Paper "Time for Reform" published in April 2000, which can be read or downloaded from our web-site address (www.culture.gov.uk/new-responsibilities/liquor-index.html). The new proposals will provide a more flexible and simplified system of licensing for alcohol and public entertainment and promote greater opportunities for musicians and other performers. In order to ensure consistency and fairness across the country, close controls will be placed on the powers of local authorities who will administer the proposed new streamlined licensing system. It is my intention to bring forward a reform Bill as soon as Parliamentary time is available.

I should end by mentioning that we are marking the Golden Jubilee by placing before Parliament a proposal to relax the alcohol licensing hours, which will allow public houses, nightclubs, restaurants, registered members' clubs and bars, to open for an additional two hours on the evening of 3 June until 1am. I am confident that this proposal will be enthusiastically welcomed by industry and the general public, allowing a greater freedom to choose when and where to celebrate.

Dr Kim Howells MP