The Mudcat Café TM
Thread #86679   Message #1666210
Posted By: The Shambles
10-Feb-06 - 01:23 PM
Thread Name: Affected by The Licensing Act 2003
Subject: RE: Affected by The Licensing Act 2003
On the issue of darts in public houses, the advice to licensing authorities clearly states that unless a game of darts or similar indoor sport takes place in the presence of an audience with the intention of entertaining that audience, if only in part, it would not be a licensable activity. It is entirely right that the licensing authority should determine whether darts matches are taking place for the entertainment of others who are not involved in the activity as they must consider each application on its own merits.

Now it was not clear in the example I supplied (and which the minister could not comment on) if any entertainment permission for indoor sports were actually part of this Premises Licence application. However, his reply assumes that application was made and that on application for entertainment permission such an action by the LA would be 'entirely right'.

But there may have not have been any specific application for permission for indoor sport. And as the minister states - without it being for entertaining an audience there would be no need for such an application. Under these circumstances there can be no justification for any conditions on the time this activity should cease to be imposed, as these indoor sports could not be considered as Regulated Entertainment.

That seems to leave us with the situation where whether specific application was made or not and despite the words of the Act's Guidance - the LA must have decided at some point - in order to impose the conditions it did - that these indoor sports were for the purpose of entertaining an audience. An interesting concept in the small pub concerned. Or perhaps they just got it wrong?

But perhaps the specific explanation in the Act's Guidance of when indoor sports should or should not be considered as Regulated Entertainment was not really required and has actually made things worse for any particpatory live music making that would also not be for the purpose of entertaining an audience? As no similar explanation as to when this should not be considered as Regulated Entertainment is given for our LAs in the Act's Guidance and they seem unable to read the words of the Act itself?

That may explain why my LA's officers considers that a regular congregation of musicians at a pub COULD constitute Regulated Entertainment but do not consider that a regular congregation of darts or pool players would.................
Perhaps the minister (via our MP's) should be asked to provide such an addition to the Act's Guidance for live music - or remove the one for indoor sports?

However, this does not explain why LAs seem to think that the Act entitles them to impose conditions on activities that are not considered by them even be Regulated Entertainment or prevent these activities from even starting! But my LA has tended to make up its own licensing law and ignore everything else and there is no sign that anyone has the will or is in any position to stop their officers from continuing to do exactly as they wish.