The Mudcat Café TM
Thread #63701 Message #1037498
Posted By: The Shambles
17-Oct-03 - 05:52 PM
Thread Name: PEL stops session in Cheshire
Subject: RE: PEL stops session in Cheshire
You are breaking the law at the moment having a sing around in a pub (without a license) if more than 2 people perform (with successful prosecutions for more than two people throughout the event and including members of the audience - also (sorry Ken!!! it is true) singing "Happy Birthday to you"
As Richard say's it is the courts that will decide (under the current law) if any number unpaid customers making their own music is illegal or not. As this question has not been to court - at least since 1899 - no one (including council officers and the police) can say for sure that the licensee is breaking the current licensing law by holding a session.
What has been recently tested in the courts - in the form of the exemption requiring the same two performers all evening is a rather different issue. I don't think that many of us would argue that kareoke is a conventional entertainment organised for their customers by the licensee. Customers may take part in this and may (questionably) be considered as performers when they do (although this issue was not raised). However the issue of whether unpaid customers making their own music - with little or no organisation on the part of the licensee - count as performers in a public entertainment, has not been tested.
Until this issue has been tested - all that one can go on is what the courts have decided in the past - although our enforcers tend to ignore this. They can safely do this until they are challenged....
Is there any chance that the licensee of the Bull's Head will be prepared challenge the local enforcer's interpretation of the current legislation?