The Department for Culture, Media and Sport, has finally explained why it will not provide general information on its website about the prevailing legislation that regulates public music and dancing (www.culture.gov.uk).

'We are extremely reluctant to place general information on our website which may alarm ordinary and honest people unnecessarily when their local authority may adopt a policy of non-enforcement or the practice of waiving requirements in certain circumstances'. [Philippa Drew, Director of Education, Training, Arts and Sport, DCMS, letter to Victoria Todd, Director of the National Campaign for the Arts, dated 5 October 2001]

The 'alarming' information apparently includes the 'two-in-a-bar rule' and the way councils enforce it. When challenged, councils say they have no discretion. Since Ms Drew's letter the DCMS has declined to produce any evidence of local authorities that adopt a 'policy of non-enforcement'.

There is also the enormous category of potential criminals created by public entertainment legislation. This includes not only those who would organise public gigs without first obtaining a PEL, but also 'any other person who, knowing or having reasonable cause to suspect' that a venue was going to be so used and 'allowed the place to be used for the provision of that entertainment... or let the place, or otherwise made it available, to any person' responsible for organising the entertainment without a PEL. Max penalty: £20,000 fine and six months in prison. [Schedule 1, Local Government (Miscellaneous Provisions) Act 1982].

In England and Wales only 5% of 111,000 pubs, bars, restaurants and hotels currently hold annual PELs. In Scotland, by contrast, no PEL is required for live bands playing in these premises during permitted hours (i.e before 11pm). If a band plays, the licensee is committing no offence, and no additional fee is payable to the local authority. Exactly the same health and safety legislation applies to Scottish pubs as in England and Wales.

Ms Drew also argues that, based on the number of enquiries received at the DCMS, there is no need for their website to provide any FAQs about PELs because there is little public interest.

This is strange when you consider that this year alone there have been editorials about PELs and 'two-in-a-bar' in The Stage (January 11), Evening Standard (14 June), The Times (19 July), letters in The Times (25 July), features in The Stage (January 11 and post), Sunday Times (21 January), The Times (19 July), Guardian (28 July), Evening Standard (13 June and 20 July), Classical Music (1 September), and television coverage on HTV (January), BBC Weekend Watchdog (1 June), BBC South (4 September), Carlton West Country (17 October), radio news coverage by Radio 4 (PM), Radio Five Live, LBC, Three Counties Radio, Radio 3 (all July 19), and on Courtney Pine's Radio 2 jazz programme (13 August), not to mention continued coverage in local and trade press (Hampstead & Highgate Express, Camden Chronicle, Dorset Echo, Brighton Argus, Western Daily Mail, The Oxford Times, The Publican, Morning Advertiser and others).

If you probe far enough into the DCMS website there is a copy of the licensing White Paper, some 80 pages long. This sets out the Governments proposals for reform. This includes a risk assessment that doing away with the 'two-in-a-bar rule' will actually reduce work opportunities for musicians [p67]. Under the proposals, licensees who want to put on even a solo pianist will have to obtain local authority approval first.

It is unclear how the DCMS expect the general public to understand the proposed reforms without also providing some information explaining the present law.

On 2 May former Home Office Minister Mike O'Brien held a press conference announcing the conclusion of the Government's licensing review. He gave equal weight to liquor and entertainment licensing reform, saying: 'These reforms should give the tourism industry a real boost...' (Home Office press release). The DCMS is now responsible for both public entertainment licensing policy and tourism, but no timetable has been set for the presentation of a new licensing Bill.

If you wish to express a view directly to the DCMS, you could email Licensing Minister Dr Kim Howells: Kim.Howells@culture.gsi.gov.uk

Ms Drew's email address is: Philippa.Drew@culture.gsi.gov.uk

Or write to: DCMS, 2-4 Cockspur St, London SW1Y 5DH.