The Mudcat Café TM
Thread #64797   Message #1063296
Posted By: The Shambles
30-Nov-03 - 03:44 PM
Thread Name: PEL Mk II: UK Government at it again
Subject: RE: PEL Mk II: UK Government at it again
Am I the only one who finds it strange that many of us who are aware what sessions are and are not - seem to accept that unpaid participatory sessions have always been public entertainment that required a PEL but somehow 'got away with it' and that sessions are and have been an illegal activity without this?

Some folk believe this largely because some legal officers of some local authorities use an untested legal interpretation to bully us and licencees with. One that it has become clear that Central Government and the majority of objective legal experts do not share. This especially with the fairly recent advent of the freedom of expression given to us under the Human Rights Act.

The old Licensing Act was passed in the 60s and the Local Government (Miscellaneous Provisions Act) in 1984 to deal with Public Entertainment only. Law that is designed for motorbikes can be correctly used against motorbikes but it is quite wrong to claim this legislation can be used against bicycles. It is just as bad - by using selective evidence - for these officers to try and turn bicycles into motorbikes, for that is what we are currently allowing these authorities to do. Piano singalongs in pubs were not considered as public entertainment before or after this legislation and nor were sessions until a few local authorities started to cause problems for them with silly enforcement actions only fairly recently.

What those who do really accept the illegality of sessions without PELs should do is to start taking action against these authorities for placing them and us all at risk by not correctly enforcing this legislation for all the years it has been in force.........