This is a response to Richard P's posting of 29 July, principally concerning the licensing of hitherto exempt private hospital gigs and Camden council's confirmation that they are caught by the new Act. My apologies for not responding sooner. I have been away for a few days:

Richard, it is you who - so far - has not engaged with the real world of the Act and private events.

I did not ask Camden a hypothetical question. I explained the full context of the hitherto private and exempt hospital gigs that I have performed regularly for over 10 years.

Once again your reply is defensive of the Act and those charged with enforcing it, but hazy on detail. You assert, again, that the Act allows local authorities discretion in determining whether or not the hospital performances I perform are licensable, but you don't explain where in the words of the Act this discretion resides.

Given your obviously extensive and detailed knowledge of the new licensing legislation, and its supposed rationale, this omission is curious. Isn't it time you proved your 'real world' credentials and explained your reasoning with reference to the undeniably real words of the Act.

In my previous posting I summarised my argument with reference to the relevant provisions. I argued that even if friends and relatives were excluded, and the event was as private as possible in a hospital, the performance is caught because I make a charge with a view to profit, and my charge is paid (mostly by the hospital) on behalf of at least some of those for whom the entertainment is provided. I asked you to look again at paras 1(4) and 1(5) of Schedule 1. I believe that I fall within these provisions because, in booking the other musicians and liaising with the hospital over logistical and performance aspects of the performance, I am undeniably a person concerned in the organisation and management of the entertainment under 1(4)(a)(i), and my charge is for the provision of a service under 1(5).

In this context, where is the discretion allowing local authorities to exempt such an event?