Had such guidance been issued after the February debate, perhaps the following letter (and others) would not have been sent?
12 April 2002
I write further to my letter dated 31 July 2000.
Council officers visited your premises on Tuesday 23 April at 9.23pm and observed twelve musicians performing folk music. You are already aware that to have more than two performers at your premises on any day is a criminal offence. The definition of "performers" has never been tested in Court, but even if this was a jam session the Council's view is that these people were "performers". They were being watched by at least a dozen customers, who were tapping their feet to the music and thus being entertained by the performance.
I am sure you appreciate that a great majority of publicans pay licence fees and comply with licence conditions so they may provide this sort of entertainment to their customers. It is a constant source of dismay to these law abiding licensees to find certain other establishments in the borough providing public entertainment freely. The Council is always expedient in dealing with such matters and those licensees who repeatedly break the law are prosecuted.
I have enclosed an application pack for a Restricted Use Licence for your use. In my previous warnings you state the lease on the pub was shortly due to expire which is why you could not apply for a licence. Presumably this issue is now resolved so there is no further bar to you making an application. This licence will allow you to hold two events a week at your premises until 11.00pm and cost £320 for a year.
As you have been previously warned, the next step is for the Council to apply to the Magistrates Court to issue a summons against you. I sincerely hope this action will not be necessary. Your premises will be visited again and if further offences are found, legal proceedings may be instigated you without further notice.
Jane Blade Licensing Officer.