Licensed Premises: Entertainment Legislation
House of Lords Monday 11 December 2000

2.53 p.m. The Lord Bishop of Oxford asked Her Majesty's Government:
Whether, under Section 182 of the Licensing Act 1964, members of the public count as "performers" if they sing on licensed premises; and, if so, how local authorities can enforce public entertainment licensing legislation in a proportionate manner that is compatible with performers' rights under Article 10 of the European Convention on Human Rights.

The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton): My Lords, Section 182 of the Licensing Act 1964 exempts licensed premises from the need to obtain a public entertainment licence where the entertainment provided consists of music and singing by not more than two performers.

Whether members of the public who sing on licensed premises count as performers is a matter for the licensing authority to decide, depending on the circumstances. Ultimately, the compatibility of this provision with the European Convention on Human Rights would be a matter for the courts to determine. As part of our proposed general reform of the licensing and public entertainment laws in England and Wales, we propose to do away with the Section 182 provisions.

The above was dismissed as follows, by my Council's Solicitor 24/08/01: "Secondly, as far as the comments in the House of Lords is concerned, the comments from a noble Lord on the interpretation of legislation passed almost 20 years ago is the day just that – a comment. It would have absolutely no relevance in a court of law."

It would be nice to know he is right or wrong if it ever did, but as we have not been in a court (yet), it may have a lot of relevance outside, at least until the Bill comes in. It does however show that all lawyers are concerned about are the words of the legislation.