Western Morning News
PUB IN COURT FOR LETTING CUSTOMERS JOIN IN WITH BAND

18:00 - 29 July 2004
An attempt to prosecute a Lynton hotel over alleged breaches of licensing regulations has been thrown out by North Devon magistrates. Licensee of Lynton's Crown Hotel, Peter Bowes, appeared before North Devon Magistrates' Court after it was alleged by North Devon District Council that the Doo-Dah Band concert featured performances from more than two people - a breach of licensing arrangements at the establishment.

Two members of the band were performing to a crowd of about 50 last August and, at some stage during the evening, two members of the audience were alleged to have joined in the musical entertainment by playing a washboard and a box.

But the case was dismissed by the bench on the grounds that the performance took place outside, rather than inside, the hotel.

Chris Jones, defending, said that, because the concert took place in the open air, it was exempt from licensing legislation set out in the Local Government Act 1982.

And the bench told the court: "No evidence from the prosecution has been heard to show any entertainment took place inside the premises.

"We will deem it an open air event. We find no case to answer and the case is dismissed."

Prosecution witness David Bennett, principle environmental health officer at the council, had told the court: "I was asked to phone Mr Bowes because there was some concern he was organising entertainment without a proper license.

"He said he would arrange it with only two members of the band playing. I thought it was a flippant answer and wasn't convinced the entertainment would go ahead with two people."

Christopher Hagan, an environmental health officer at the time, was asked to attend the concert.

He said a banjo player and guitarist were soon joined by two other people, and added: "One was playing a wooden box with a piece of string and the other was playing a washboard. It seemed quite natural. They played the songs quite well and seemed to know them."

But under questioning from Mr Jones, Mr Hagan added that the concert took place in the hotel's courtyard, where there was also a barbecue.

Ken Miles, prosecuting, said: "This entertainment took place within the grounds of a public house.

"It was in the courtyard - not the middle of a field or a wood. It may not have a roof over it, but is part of the licensed premises."

The magistrates, however, ruled in favour of Mr Bowes and dismissed the case.

Case is defended

LICENSING chiefs at North Devon District Council have defended the decision to take Lynton's Crown Hotel to court over a Doo-Dah Band concert.

The hotel held an evening of entertainment with a duo from the band on August 9 last year to raise money for the voluntary Exmoor Search and Rescue organisation.

But licensee Peter Bowes incurred the wrath of the local authority when it was alleged two members of the audience joined in with a wooden box and washboard.

The council argued this breached the hotel's licensing arrangements, which allowed a maximum two performers.

Before the case at North Devon Magistrates' Court, Mr Bowessaid: "I feel I am the victim of the popularity of the Doo-Dah Band. I would never knowingly have contravened regulations intended to ensure safety of the public."

The case was then sensationally dismissed by magistrates, and now Mr Bowes is entitled to claim his pre-Legal Aid costs.

Expenses must be paid to two defence witnesses who were not even required to speak in court following the dismissal.

The council's senior environmental health officer, Andrew Millie said : "A public entertainment licence is there to protect the public on a number of health and safety issues. We always seek to protect the interests of the public whenever we feel it is necessary."