We seem to be coming together quite nicely. However, I can see no possible circumstance where anyone will bring the European Courts into play in support of a live session, so I am sure that any reference to European Law would be a red rag to certain councillors and offiserd rather than a strengthening of our case.

The right of freedom of expression (including the performance of live music) is now enshrined (by this Government) in our legislation, so the European Courts do not come into play. Our Councils (and councillors) should be well aware of this but find it easy to ignore when they currently prevent the public's right to express themselves musically in a pub, with the licensee's permission. All that is required is for a member of the public so affected, to make the case against their council (and to have the money to pay for it in our courts).

In order for this current prevention by Councils, of the public's freedom of expression to be legal, when they prevent sessions for the lack of a PEL, the law requires that they should be first able to demonstrate the speciific risk presented by this activity, that cannot be dealt with by the justice's licence or other legislation. The same will also be true if they wish to prevent the public's freedom of expression under the new Act.