The LGA's main concern would be to ensure that the authority acted within its powers. As long as it did so, and exercised them reasonably, the LGA will be satisfied. That doesn't mean the authority's actions are correct, merely within their powers.

The reference is not to the LGA (Local Government Association) but the LGO (Local Government Ombudsman.

Maladmisitration is all that the LGO can decide - this was defined as a Council not following their own rules or the law.

It cannot be within any of the Licensing Authority's powers to state one thing as correctly endorsed policy in the SOLP, as required by the Licensing Act 2003 - but for their employees to offer advice to licensee which ignores and takes precedent over the correctly endorsed policy contained in the SOLP.

My MP has recently received a letter from them which makes reference only to the policy in the SOLP and no reference to the 5 May 2006 advice and the fact that the LGO still considers this to be the Council's view on the incidental exemption. As follows:

Kate Hindson
General manager
Communities & People
Tel 01305 838037
Fax 01305 838438
Katehindson@weymouth.gov.uk
Our ref KH/HH
18 January 2010

Dear Jim

Revised Guidance To Licensing Authorities On The Provision Of incidental Music Licensing

Many thanks for your letter of 4 January 2010 the contents of which my licensing Manager and her team were already aware of.

I am happy that Paragraph 5.6.2 of this Council's current Policy already explains the principles of incidental music albeit in slightly less detail than the revised guidance. The Policy (at paragraph 2.4) also takes note of the provisions of the 2003 Act and the Guidance issued under Section 182 of the Act so my view is that there is not a need for immediate revision of the Policy.

However, we will be starting consultation on the statutory review of the statement of licensing policy in May this year so this will present us with an ideal opportunity to make amendments/improvements to the policy to reflect the revised guidance.

In the meantime I will ensure that all Councillors who sit on Licensing Committee are provided with a copy of it (in addition to the Licensing Services team members who have already been given copies).

Yours sincerely

Kate Hindson
General manager - Communities & People