The official view.

THE ………….. PUBLIC HOUSE PUBLIC ENTERTAINMENT LICENCE

The Licensing Manager has passed to me copy correspondence from Mr Gall regarding music performances at the …………….Public House.

The council is aware that the Government published a white paper last year proposing major review of Licensing Legislation. The current legal position however is as regards the licensing of public entertainment is stated in the Local Government (Miscellaneous Provisions) Act 1982 Section 1 and Schedule 1. The act requires that in order to provide live performances of music a Public Entertainment Licence must be obtained from the Local Authority. An exemption from the need to obtain a Licence is contained in Section 182 of the Licensing Act 1964 which includes an exemption for the provision of public entertainment 'by way of music or singing only which is provided …by not more than two performers'.

The Council's Licensing Officers have, on more than one occasion, witnessed performances at the ……….by at least four performers. It has long been established that a Licence is required not just where music is provided by performers to entertain the public but where members of the public themselves participate in music making (Clarke-v- Searle 1793). It is also well established that whether or not a fee is charged for admission to the performance is immaterial to the requirement for a licence (Gregory-v-Tuss 1833).

The entertainment which has been provided at the …………. is clearly public in that it takes place on premises which are open to the public. Of course if Mr Gall and his friends chose to make music together in a private place, whether on premises operated as a private club or in their own homes, a Public Entertainment Licence would not be required although other licensing provisions may apply.

There seems to be some suggestion in Mr Gall's letter that musical performances at ……………….. are impromptu. The Council's Licensing Section is however aware that the musical performances have in the past been advertised in advance in the local press and a sign board at the premises continues to advertise live musical performances on Thursday evenings. It is quite clear that such advertising is intended to attract custom to the premises. …………, operating without a Public Entertainment Licence has enjoyed an unfair commercial advantage over Licensees of the other 65 premises within this Authority who pay an annual Licence fee and abide by the standard conditions attached to all Public Entertainment Licences designed to ensure public safety and to control noise nuisance.

The Council as Licensing Authority has a duty to enforce the law as it stands impartially. I can see no justification for failing to encourage the Licensee of the …………. to apply for a Public Entertainment Licence and, should it become necessary to take enforcement action in the event that unlicensed performances take place on the premises. I understand that the Licensee of the …………. has now submitted an application for a Public Entertainment Licence, which will be considered in the normal way once the 28 day notice period has elapsed.

SIGH!