so we may have some movement !!!!!

This is good news, but it is just the start, and no matter how well-intentioned the elected members may be, they will be being advised by their officers that the Counil MUST prevent sessions in venues without PELs. Even if they think differently, The members will have to fight their officers. As at this point the problem is solved as far as the officers are concerned by claiming not to have done anything wrong (legally). The fact they have done very little right, and will continue to prevent sessions, for no good reason, is not as important to them as 'holding the line'.

The officers see and will convey the impression to the members, that sessions are simply a means to get around the current system and pay for a PEL. A way has to be found to show the members that sessions are a borderline case, (i.e. possibly not public entertainment at all, like a quiz or darts) that are threatened by a system that was not designed for ativities where the public provide their own music, in perfectly safe and inspected premises (i.e pubs). S 182, the so-called 'two-in-a-bar-rule' only applies in pubs or where a justice's licence is in place, and this exemption just recognises that small-scale music making, is safe without and does not require any additional licensing.

There can be no return now for the Council, to the 'blind eye' and this is not really of any use anyway. Perhaps you could get your members to officially obtain some outside, EXPERT legal advice to address the whole problem and enable them to find a way where your current sessions (and the Sheffield carols) can continue and the officers are also seen to be undertaking their statutory duty under this current legislation?

And also request that until that advice is received and the Council members can meet to find a solution, that the sessions can continue, as safely as the Palm Tree session has done, without any additional licensing for 3 years. It is important to try and ensure that the current sessions are enabled until this is done, as otherwise the process (and prevented sessions) will just drag on until the current legislation dies.

My council met in February 2004 and decided to ask the DCMS. The letter was sent in March and we still await a reply. In the meantime the officers have prevented another session and there is little chance that any reply will change to officers line anyway. You must remember that the officers know how to work this system and will use all of the tricks to obstruct your attempts for a common sense solution.

I hope that I am wrong in this and that your officers prove to be a different breed to all the others, but good luck anyway. PM me if you need any further info or contacts.