As mentioned before but not included in the minutes - the Chairman did ask me if I wished to be involved in the drafting of the Council's letter to the DCMS. However, I was not asked to be involved and the following letter was sent on 10th March 2004.

I suspect that contact has already been made and the civil servant at the other end will provide the answer that the officers require. As you will see there is no reference in the letter to the particular issue under S 182 of the Licensing Act 1964. And why the 17th February 2002 letter from the Ombudsman is enclosed and NOT Lord Bassam's reply in Hansard to the specific question in the Lords - I will leave you to answer.

For the attention of the Legal Advisor
Department of Media and Sport
2 Cockspur Street
LONDON
SW1Y 5DH

10th March 2004

Dear Sirs

LICENSING OF PUBLIC ENTERTAINMENTS

On 9th February 2003 [S/B 2004] the Licensing Committee of this Council considered when the need for a Licence under the Local Government (Miscellaneous Provisions) Act 1982 arose. A copy of the Minutes of that meeting is attached marked '1' and I would particularly ask that you note the Committee's resolution which has prompted this letter to you.

In order that you will be fully aware of the position I also enclose marked '2' and '3' respectively the briefing note provided to Members at the Committee setting out the perceived legal position and a letter from the Ombudsman dated 17th February 2002.

In accordance with the Committee's wishes as resolved I would be pleased to receive any advice you feel it appropriate to give.

Yours faithfully

Jane Eames
Locum Head of Legal Services
Weymouth and Portland Borough Council.