The Mudcat Café TM
Thread #83044   Message #1524212
Posted By: GUEST,The Shambles
20-Jul-05 - 10:25 AM
Thread Name: Minister say's jamming OK in UK
Subject: RE: Minister say's jamming OK in UK
Ask your local publican. Ask if entertainment is included. TIME IS RUNNING OUT.

This is good advice and we should be doing this to ensure that some form of live music can continue. At the same time we should recognise that which premises decide to apply is not finally a matter that we as indiduals - have much control over. It looks as if the majority of premises will NOT have entertainment permissision after November 2005 - so we should perhaps concentrate now on trying to ensure that some form of live music can still take place in these premises. As recorded and broadcast music still will be able to.

The Minister's legal advisors at the DCMS must be confident that such a statement can be the case under the Act (even when it does not seem to be the case under current legislation). However, given the words of the Act and the guidance to it - it is difficult to see things can
be any different.

But he has said this and a letter to your MP asking if your local event would be exempt and exactly what part of the Act the Minister and his legal advisors now consider allows this - may be useful in establishing the true position and give you something to present to your local authority (and licensee) to try and convince them. Such a reply would make interesting reading.

For as pointed out - unless licensees are just as convinced as our Minister and allow such a thing in the first place (without Licensing Permission) - jamming sessions etc in such premises are rather unlikey to happen. In one way the Minister is right. These   'jamming' sessions and singing along will probably not be actively prevented for lack of entertainment permission under the new Act - they just will not be very likely to start anywhere without this permission.

Where and if they did continue to take place - I suspect that a Local Authority's legal advisors would perhaps be giving different advice to ensure that the council did not fall foul of the Act in the courts - where the Minister's comments on a Radio Show - would not hold much sway.

Perhaps if the legislation does not support this statement - The Minister should resign or ensure that the Secretary of State changes the words of the legislation (and statutory guidance) - to ensure that the courts will accept such a position?

If saying it on a radio show is not enough - perhaps he should be forced to deny or stand by and repeat this statement in the Commons?