Can we please get rid of this idea that Council Officers are 'only doing their duty' when these things happen. As 'Shambles' and Hamish have pointed out, the law is at best ambiguous and a considered legal opinion is that a 'proper' Court Case would very probably go against the Council, so long as the musicians were unpaid and also not specifically invited in by the licensee. Unfortunately a Magistrates Court would most likely uphold the Council rather than the Law, being lay people and frightened to express a legal opinion in the face of the contrary opinion expressed by a Council Solicitor. Only in a Higher Court or at Appeal is a valid outcome likely - note the recent case of R (Ashbrook) v East Sussex County Council which had to go to Appeal (I am sure you saw the pictures of Kate Ashbrook wielding the giant snips preparatory to opening up the footpath on which the Council had so long deferred action, in the face of criminal activity culminating in manslaughter).

Sadly, both Shambles and I believe we have been lied to when it suited a Council Officer's purposes to do so. We are not sure some of them understand what truth is.
Can we please get rid of this idea that Council Officers are 'only doing their duty' when these things happen. As 'Shambles' and Hamish have pointed out, the law is at best ambiguous and a considered legal opinion is that a 'proper' Court Case would very probably go against the Council, so long as the musicians were unpaid and also not specifically invited in by the licensee. Unfortunately a Magistrates Court would most likely uphold the Council rather than the Law, being lay people and frightened to express a legal opinion in the face of the contrary opinion expressed by a Council Solicitor. Only in a Higher Court or at Appeal is a valid outcome likely - note the recent case of R (Ashbrook) v East Sussex County Council which had to go to Appeal (I am sure you saw the pictures of Kate Ashbrook wielding the giant snips preparatory to opening up the footpath on which the Council had so long deferred action, in the face of criminal activity culminating in manslaughter).

Sadly, both Shambles and I believe we have been lied to when it suited a Council Officer's purposes to do so. We are not sure some of them understand what truth is.
trgilsonuk@yahoo.co.uk
web.onetel.net.uk/~trevorgilson