The Mudcat Café TM
Thread #83044   Message #1529238
Posted By: The Shambles
27-Jul-05 - 10:37 AM
Thread Name: Minister say's jamming OK in UK
Subject: RE: Minister say's jamming OK in UK
There is no doubt. If the purposes include entertaining an audience, the entertainment is caught, see Sch 1 para 2(2).

This may prove to be true but there must still be considerable doubt about how many of these seemingly contradictory aspects will be finally decided and argued in court - if and these aspects ever get to court.

But without being tested or having any court rulings to guide them - all parties - and in particular - Local Authorities must first try to make some practical sense of what the legislation's dafters and Parliament have provided - without being bogged down with details that have no real bearing on the Acts main objectives.

The Act does not (intentionally) charge Local Authorities with preventing live music and pub games.

Richard - I hope that you would agree that darts etc 'normally would not be played for the entertainment of spectators but for the private enjoyment of the participants'? Are you serious suggesting that any Local Authority will NOW consider that because some other customers may be (incidently) entertained by this - they will insist on all such games being considered as licensable?

Are you saying that there is no doubt that Local Authorities will be in breach of the legislation - if they do not insist on preventing 'incidental' live music in sessions etc and these pub games - without entertainment permission (on the grounds that someone other than the particpants may be entertained)?