The QC's opinion has been examined by the legal dept, who comment as follows:

"The Council's Solicitors have advised the Chair that they would not wish to change their previous advice as far as the existing law is concerned." This is that advice, contained in the report to the Social and Community Committee meeting 05/06/01.

Human Rights Considerations
5.1 Mr Gall has argued that by requiring the premises at which sessions take place to obtain a PEL Council officers are interfering unlawfully with his right to freedom of expression contained in Article 10 of the European Convention on Human Rights. As has been explained to Mr Gall, the right to freedom of expression is not an absolute right under the Convention.

By applying the relevant licensing the Council has imposed conditions and restrictions on Mr Gall's rights which are legal, necessary and proportionate in the in the interests of public safety, control of nuisance and the prevention of crime and disorder.

5.2 In any event the requirement for a PEL does not represent an absolute ban on informal music sessions. Where two or fewer performers provide musical entertainment the exemption referred to in paragraph 4.4 of this report would apply. Alternatively if musicians chose to make music together on premises operated as a private club a PEL would not be required although other legislation may apply.

No real surprise there as they would have to accept that their advice to the members had been wrong for over two years. But the question is, should the elected members take the advice of a 'first aider' or the advice of a Harley Street specialist.

It would appear, that they are prepared to accept the 'first aider's' diagnosis, that the patient is in perfect health, as they have persuaded the Chairman of this committee that my concerns should not be placed there to finally enable a democratic decision to be made.

Please feel free to circulate the following invitation which may appear in the official Weymouth Folk Festival programme. You will be made most welcome, if you do accept.

Brian Flynn and staff will be extending a warm welcome to all Weymouth Folk Festival attendees.

At The Cove House Inn, Chiswell, on the Isle of Portland.

An open invitation - starting with the regular tune session at 8.30 Thursday 8th May - is extended to all those who wish to make and enjoy folk music.

Come and join us from Saturday 10th May lunchtime – right through until the last festival survivors on Sunday night.

Friday 9th May - The Piano Dentists - will be performing.

Pop in to the good food and folk-friendly pub, right on Chesil Beach.
{Free parking}
Tel 01305 821 407.