The Mudcat Café TM
Thread #86679   Message #1796325
Posted By: Folkiedave
29-Jul-06 - 02:45 PM
Thread Name: Affected by The Licensing Act 2003
Subject: RE: Affected by The Licensing Act 2003
West Wiltshire Council like many others are clearly confused by the Act.

They had a couple of options for the majorettes. 1) Treat is as similar to Morris dancing - thus it is exempt. That's what they have done for the Notting Hill Carnival. 2) License the streets themselves - no cost - as Sheffield have done. That is what the government advises councils to do.

What is perhaps more important is that "A spokesman for West Wiltshire District Council confirmed carnivals do not need licensing under the act if the ratio of the number of people on foot to the number of floats is less than 50 per cent, but said it is up to individual committees how they meet the requirements". Apart from the fact that this is patent nonsense (think about it, a carnival with 50 floats (very large) could only have 24 people alongside it before it needed a license, it is simply untrue. There is no such clause in the Act nor was there in any previous Act and nor is there in the Guidance to the Act.

They - West Wiltshire Council - have made this "law" up. It is sheer round spherical objects. The Licensing Act 2003 allows them to do this and the DCMS encourages them to do so. The only way to challenge it is through the courts and I doubt if the Majorettes have sufficient backing to do so. (Actually they really ought to go ahead and let the Council dare to prosecute a group of young people girls).

But for certain if you live in the area make a stink with your MP and your local councillor and start by asking which section of the Act/Guidance this "50% rule" appears.