Dorset Evening Echo 29 January 2003

Council letter pledges action over breaches in law.

Fresh warning over unlicensed shows
By James Tourgoutjames.tourgout@dorsetecho.co.uk

Landlords and entertainers face a new warning over unlicensed performances after a morris dancing fiasco in Cerne Abbas.

West Dorset District Council, in a new letter to be sent out in response to inquiries, says it will investigate any breaches.

The move comes after pubs in Cerne Abbas were warned not to let the Wessex Morris Men perform inside because they do not have public entertainment licenses.

Bob Hanton, council corporate services manager, said that the traditional events such as morris dancing should be exempt from a licence. "It is not open to local authorities to arbitrarily decide that the legal requirement for a public entertainment does not apply to a particular type of entertainment, such as folk or traditional type events. Authorities have a duty to apply the legislation fairly and impartially."

The Wessex Morris men were forced to perform their Christmas mumming play in the street in December after the licensing swoop in December. They hit out at the licensing laws and an informer who tipped off the council after staging the drama inside pubs for the past 18 years.

The new development follows fears in Weymouth that musicians were being treated unfairly in the run-up to the town's folk festival. Now members of the district council will hear about the new letter at an appeals and licensing committee meeting today.

The letter emphasises that premises must have public entertainment licences if events are being staged by three or more people. Mr Hanton said in the letter: "Where it comes to the attention of the council that public entertainment is being provided without the benefit of a licence, the council will investigate the matter and if appropriate will take further action."

He added: "The legislation is not intended to ban any type of entertainment but rather to ensure that such events meet the relevant health and safety standards for the protection of the public."
ENDS

Are council officers conspiring together, against the public's interest, to ensure that singing from the same hymn-book? Do the following statements look familiar?

This from the 05/06/01 report, to the councillors of Weymouth and Portland Borough Council. "It is not open to the authority to disapply the legal requirements to hold a PEL in respect of one particular type of entertainment. This Authority has a duty to apply legislation fairly and impartially."

And from Weymouth and Portland Borough Council' Chief Executive's 23/12/02 letter to all councillors. "Where it comes to the attention of the Council that a public entertainment is being provided without the benefit of a Public Entertainment Licence on anything more than a one off, accidental basis the Council will intervene to explain and if necessary enforce licensing legislation."

In fact these two councils are following the officers of Oxford City Council. This council's elected members had instructed their officers to enable unpaid folk sessions as they did not consider these to be entertainment. However, their officers came back and told them that that they could not - this from a report to their members on 20/03/01. 18.

"It is not possible for the Council to have a policy of non-enforcement of the legislation especially in respect of one particular type of entertainment. Whilst each application for a PEL is considered on its own merits a uniform and fair approach must be adopted in respect of enforcement. The Council MUST NOT fetter its discretion in this way and would be open to challenge if it did. The test is whether or not public entertainment is taking place."