The Mudcat Café TM
Thread #63701   Message #1037925
Posted By: The Shambles
19-Oct-03 - 06:22 AM
Thread Name: PEL stops session in Cheshire
Subject: RE: PEL stops session in Cheshire
But if the Cheshire Constabulary are prepared to take this attitude surely this can be used as an argument and precedent by other sessions if/when the need arises.

It remains to be seen if/how the next scheduled Bull's Head session is now enabled by the local licensing authority - though if the reported words are correct it does look as if some accomodation may be reached in this case. This may indeed be helpful to other sessions and locally this action indeed may be timely.

Given the Government's words and the legal uncertainty over sessions under the current legislation - the very least I think that we should be asking for and expecting at this point - is a end now to enforcement actions against all existing sessions, that affected sessions be re-instated (if possible) and that new sessions can be established in pubs without PELs until the new legislation is in force - a moratorium?

I have just recently finally suceeded in getting the (new) Chairman of Weymouth and Portland Borough's Licensing Committee to accept that there is not legal support for the officers interpretation. You may think that this would be enough to re-instate the New Star session that the officers were responsible for preventing by issuing a letter to the licensee last December. But, it would appear that the officers of the council make the policy here.

He is due to contact me tomorrow with details of a meeting he is setting-up between us and the (legal) officers to discuss re-instating this session. I have informed him of the Bull's Head action - and this latest fuss should certainly help. For the officers were always saying that no other authority had a different interpretation and had to prevent sessions in pubs without PELs.

I would ideally like to reach a situation where the licensing authorities finally accepted that sessions were not public entertainment requiring PELs. However, at this stage of the game - I would settle for any temporary compromise - for the duration of the current legislation - that enables sessions and that 'calls off the dogs'.