The Mudcat Café TM
Thread #50309   Message #765650
Posted By: The Shambles
15-Aug-02 - 02:45 AM
Thread Name: Action For Music. PELs
Subject: RE: Action For Music. PELs
This from uk.muisc.folk

OK - here's Howell's answer. I was probably a bit premature to say the English system will be adopted in Scotland, but my reading of the answer indicates that this must be a strong possibility in the interests of uniformity - it makes little sense to operate two separate systems to (supposedly) achieve the same end. Does the comment about abolishing "permitted hours" apply to England and Wales only?

Letter dated 31/07/02 to Rob Marris MP.

"Thank you for your letter of 15 July in which you asked why the proposed licensing system for England and Wales could not be the same as that currently operating in Scotland.

In general terms the system of licensing in Scotland provides that public entertainment is covered by a licence permitting the sale of alcohol but only within formally permitted hours. A public entertainment license is required for public entertainment which takes place on premises with extended hours. Many licensed properties in Scotland do have extended licensing hours because of the more flexible system operating there. Pubs in Edinburgh generally open later than those in London. However, there is nothing in the licensing (Scotland) Act 1976 which denies the licensing Board the power to restrict or forbid entertainment activities by conditions, either specified in byelaws or attached to licenses. Accordingly the Scottish system does not simply rely on existing health and safety and noise legislation as the Musician's Union has suggested. Indeed, licenses may be refused or revoked on the grounds that a pub has caused undue nuisance of disturbance to local residents.

We intend to abolish permitted hours and the new hours, up to twenty-four hours a day, will be tailored to specific premises. The norm would be that most premises would be open later than now. It would therefore be inappropriate to adopt the Scottish system which is based on national permitted hours. We think our approach is more flexible.

All public houses will need permission to sell alcohol. When an application for a premises license is made the applicant will be able to obtain permission for public entertainment on his premises and the sale of alcohol simultaneously. It would cost no more to obtain both permissions than to obtain one. There would be no deterrent in the system to providing live music at the venue but because it would be necessary to disclose details of the activities to take place at the premises, the licensing authority would be able to make sensible decisions about the necessary and proportionate conditions to be attached to the licence to protect local residents and the wider community.

Dr. Kim Howells MP"
Tim Willets