The Mudcat Café TM
Thread #68734   Message #1160286
Posted By: RichardP
12-Apr-04 - 08:02 PM
Thread Name: PELs and circus folk [UK]
Subject: RE: PELs and circus folk [UK]
Back to basics.

The major impact of this Act is to repeal a whole bunch of legislation that is the cause of so much complaint. It abolishes the PEL which was instituted when the Lord Chamberlain had to approve every word and action in every play. It abolishes present legislation on liquor licencing and a whole batch of other laws.

In its place it introduces a presumption that liquor can be sold from any premises which applies for a licence, that food can be sold late at night under similar circumstances and that entertainment can take place anywhere provided a licence is sought.

The licencing authority can apply conditions to the licence provided they address one or more of four aspects of public concern:

Crime Prevention
Public Safety
Prevention of Public Nuisance
Protection of Children from Harm (principally under-age drinking)

Conditions can only be included if a one of a limited number of classes of objector request them within their area of expertise. The classes are primarily:

The applicant,
Public Health Inspectors
Police
Fire and Rescue Service
Immediate Neigbhours
Health and Safety at Work Inspectors
Child Protection Authorities

Conditions are not valid if they would properly be planning conditions.

Conditions the applicant is unhappy with can be challenged in the Magistrates Court, which has the decisive voice.

The fee is fixed nationally for any property probably based on its rateable value.

The licence cannot and definitely should not relieve anyone of their responsibilities for public safety when erecting and removing temporary structures. However licencing authorities cannot believe under the new Act that they have any role duplicating the real experts in those matters.

RichardP