Hello again Shambles, McGrath, Richard

Lawyers cannot agree who counts as a performer. One of the bibles for licensing officers is 'Entertainment Licensing - Law and Practice' (Butterworths), by academic lawyer Dr Colin Manchester.

It was Dr Manchester who e-mailed me last year confirming that 'there is no decided authority' to support an interpretation of s 182 which counts members of the public performers if they join in with music making in a pub (either singing or playing an instrument). His personal view was that a 'performer' was someone specifically engaged by the proprietor for the purpose.

And it was Dr Manchester who pointed out that the provision of s 182 'cannot be public safety because it operates irrespective of the number of persons present' in premises.

I have had two informal opinions from QCs agreeing that this is a 'freedom of expression' issue, one from Simon Mehigan and the other from Robin Allen. Mr Mehigan is an editor of Butterworths 'Licensing Laws', and Mr Allen is the co-editor of the study guide to the Human Rights Act published jointly by the Bar Council and the Home Office last December.

The licensing White Paper has already dispensed in principle with a separate entertainment licensing framework, this being subsumed into the 'Premises Licence' which will apply to all on-licensed premises (pubs, clubs, bars etc).

The White Paper also emphasises that safety conditions should not exceed the safety provision available under existing health and safety legislation, and, by allowing local people to object to the 'operating conditions' (which will include whatever entertainment will be on offer in the premises) this will increase 'local democracy' in the decision to grant a Premises Licence.