The Mudcat Café TM
Thread #83044   Message #1528005
Posted By: RichardP
25-Jul-05 - 03:20 PM
Thread Name: Minister say's jamming OK in UK
Subject: RE: Minister say's jamming OK in UK
Richard,

Before we get carried away with thiw latest fantasy, could you explain the difference in law between stopped and parked to Don and others.

Hamish,

Of course I could not think that the situation that you describe is in any wy reasonable. On the other hand I cannot conceive of anyone ever considering it reasonable. The central conundrum is how the organiser of the event is defined. The various exclusions were clearly intended to safeguard the musicians if they turned up, played and received their fee for doing so. I don't think that you have established that the act has failed in that intent, but accept that there might be some doubt until it is tested in the courts. Whether or no the law finale produced achieved that level of protection, the intent of all members of both houses in debate was that it should be that protective and the ministerial advice given fomally with the benefit of parliamentary draftsmen rather than ad hoc on radio was that it was sufficiently protective.

I fear that the case you quoted to your local authority read to me as if there was an opportunity for a section of the public to attend so that although it was in a hospital the gig could properly be interpreted as being regulated entertainment in which case the Local Authorities answer was to be expected.

If the outside attendees can be categorised as attendees whose qualification is not as members of the public per se - relatives of residents would and friends of residents probably should qualify - then it would be potentially exempt (which was your implication). If you posed this more restricted concert to the Local Authority you would possibly get their answer to the situation which you appeared to be seeking to investigate. It might be the same answer. If it is it would also possibly be the wrong answer in law - but it would clarify where the local licencing officers (who are the real potential villains in all this) stand.