The Mudcat Café TM
Thread #70142   Message #1202811
Posted By: The Shambles
08-Jun-04 - 01:28 PM
Thread Name: Stop Press Palm Tree Update
Subject: RE: Stop Press Palm Tree Update
I was just trying to answer your point about legal definitions etc. I was rather agreeing with the idea of using your elected members to make their officers find a solution, rather than a legal one.

However, the participants whose right of freedom of expression has been prevented at the Palm Tree do have the protection in our courts, of the Human Rights Act and can take this action, without requing the licensee to do it. Using this (or finding out the details of this)is hardly going to portray you as cranks. It is true that it tends to be used by the very poor, like new-age travellers or the very rich, like Madonna, but any possible legal threat is very effective at getting the official mind to focus.

There is nothing wrong with you getting legal advice on this kind of action locally, especially if you have a session participant who would qualify for full Legal Aid. You do have these rights and just as importantly your council must recognise them and should not (and indeed cannot) prevent them, where there are no grounds for them to do so.

Any solution that is arrived at must be seen to follow the law and it is easy at this point for the officers to blind your leader with all sorts of legal gobble-de-gook. The option of not charging a fee for sessions is certainly one that is open. But this a less than satisfactory and short term solution and it does rather accept the principle that pubs with sessions are unsafe without additional licensing. Which many of us do not accept.

I my view, it is Sheffild City Council (and others) that are doing the harrassing, you are simply trying to defend your activities, which you have every (legal) right to do. I take your point and admire your wish to be seen to be reasonable and I hope that your council's officers appreciate this. But it must be recognised that they care little about your sessions, I feel that a way will still need to be found of making them care enough (in some way) or to find a solution, of giving them a problem that they have to address.

It is as well to have a plan B. But not perhaps hunger strikes! The details of the legal advice on the Human Rights angle are posted here somewhere. If you can't find them - and wish to - just ask.