The Mudcat Café TM
Thread #87086   Message #1628749
Posted By: The Shambles
16-Dec-05 - 10:11 AM
Thread Name: The right to sing?
Subject: RE: The right to sing?
Graham said - Actually it's the owner of the venue who's liable, but anyway.

Minister says jamming OK

The following from the above thread. It is rather complicated as you can see from that debate - but it is pretty clear that Graham's claim that it is only the owner who is liable under The Licensing Act 2003 - is quite clearly incorrect and misleading.

Subject: RE: Minister say's jamming OK in UK
From: GUEST,Hamish Birchall - PM
Date: 25 Jul 05 - 04:31 AM

I am responding to Richard P's comments concerning potential culpability of musicians under the new Act.

When I am contacted by the charity that sets up hospital and nursing home performances, it is my responsibility to organise the other musicians in order to make up the trio or quartet that has been requested. That means phoning the other musicians, booking them if they are available, telling them where and when to turn up, and afterwards forwarding their fees. I also have to liaise with the hospital in advance of the performance, checking musicians' access and other logistical details.

This activity on my part clearly falls outside the potential culpability exemptions in Schedule 1, para 1(6). Significantly, such activity is the norm for any musician/bandleader when approached by an entertainment agent, or directly by a potential customer, intent on organising a professional performance.

Significantly also, where private events are concerned, ANYONE concerned in the organisation or management of the entertainment who makes a charge (with a view to profit) is caught, provided the charge is paid by or on behalf of some of those for whom the entertainment, or entertainment facilities are provided.

No distinction is made between agents, bandleaders, marquee hirers, DJs, dance floor providers etc etc: if any one of these were to make a charge in this context, they are caught.
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