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User Name Thread Name Subject Posted
GUEST,The Barden of England at work Minister say's jamming OK in UK (305* d) RE: Minister say's jamming OK in UK 21 Oct 05


Roger - I think you may be wrong in part on:-

S 177 of the Licensing Act 2003 means that if a pub has entertainment permission and a safe capacity of less than 200 - any non-amplified music with unlimited participants - (as long as there were not more than 200 of them) - will be free of imposed conditions - except for those based on two of the four main objects of the Act - protecting children from harm and the prevention of crime and disorder.

The point is that the Licensing Authority can impose conditions, but

Subsection (4) applies where-

(a) a premises licence authorises the provision of music entertainment, and
(b) the premises have a permitted capacity of not more than 200 persons.
      (4) At any time between the hours of 8 a.m. and midnight when the premises-

(a) are being used for the provision of music entertainment which consists of-
(i) the performance of unamplified, live music, or
(ii) facilities for enabling persons to take part in entertainment within sub-paragraph (i), but
(b) are not being used for the provision of any other description of regulated entertainment,
any licensing authority imposed condition of the premises licence which relates to the provision of the music entertainment does not have effect, in relation to the provision of that entertainment, unless it falls within subsection (6).

therefore the 2 provisions 1)protecting children from harm and 2) the prevention of crime and disorder, will not have effect.

Strange, but true I feel.

John Barden


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