The Mudcat Café TM
Thread #69707   Message #1189627
Posted By: The Shambles
20-May-04 - 10:19 AM
Thread Name: Update on Palm Sesh
Subject: RE: Update on Palm Sesh
Selected quotes from some of my council's officers will demonstrate the corner they have painted themselves in.

Ian Locke Director of Tourism and Corporate Services – in a letter to Ian Bruce MP 19 March 2001.
3. Where the provisions apply it is a requirement to have a licence and not something on which we have any discretion.

Mr M.C. Page, Solicitor – in the one letter from WPBC, (re my complaint) to the LGO 31 January 2002.
5 (a) (i) Public Entertainment Licensing is a very important function of the Local Authority. Any failure by the Council to enforce the legislation correctly, and to ensure that Licences are obtained where required, would be regarded as a serious breach of statutory duty and would justifiably leave the Council open to criticism.
(ii) The Council has to work within the law as it is, not as anyone else might wish it to be.

Melanie Earnshaw, Solicitor - in a letter to Councillor Booth 8 February 2001.
It is quite clear that such advertising is intended to attract additional custom to the premises. The Cove Inn, operating without a Public Entertainment Licence has enjoyed an unfair commercial advantage over Licensees of the other 65 premises within this Authority who pay an annual Licence fee and abide by the standard conditions attached to all Public Entertainment Licences designed to ensure public safety and to control noise nuisence.

The Council as Licensing Authority has a duty to enforce the law as it stands impartially. I can see no justification for failing to encourage the Licensee of the Cove In to apply for a Public Entertainment Licence and, should it become necessary to take enforcement action in the event that unlicensed performances take place on the premises.
   
Sue Allen, Licensing Manager – in a letter to me 22 March 2001.
1. I can confirm that, up to our first telephone conversation, I had assumed that the Licensee had placed the advertisement in the Dorset Echo rather than yourself.
3. It is our practice to regularly check publications such as the Dorset Echo for any advertisement pertaining to licensing issues.

ENDS

Why and how the Council will justify having openly permitted an advertised session every week (and more) for two years (whilst closing two non-advertised sessions) - is yet to be revealed. They will no doubt try to claim not to have noticed ..............Incompetence is thought to be OK as a excuse for our Council officers, they just blame the lack of staff and overwork.