URGENT - PLEASE COPY THIS PAPER AND PASS IT ON TO ANYONE INVOLVED IN THE ARTS


LICENSING BILL – A threat to all performing arts

Everyone involved in the performing arts, whether amateur or professional, should be aware of the grave threat posed to their activities by the Licensing Bill at present before Parliament.   The media have concentrated their attention on liberalisation of drinking hours, while the more draconian provisions of the Bill affecting public performance have been largely ignored.

All premises in which performing arts activities take place, whether used frequently or only occasionally, will require a licence from the local authority.   Licences will be granted only after inspection by the police, fire authority, health and safety inspectors etc, consultation with local residents and interest groups, and approval by the local authority.   Churches, schools, village halls, libraries, pubs, restaurants, even private houses will have to pay up to £3,000 for a licence. Performances for members of clubs or for charitable purposes are also affected, as are recording studios and rehearsal rooms. Any performance in unlicensed premises will be a criminal offence.

One group seriously affected by this legislation will be drama groups who use their local hall for performances.   Few hall management committees would be willing to make a costly application for occasional public performances when their premises can be booked, without the need for a licence, for other activities.   With no venue to perform in, many drama groups will cease to exist.

Any building to which the public are admitted should meet requirements relating to health and safety, law and order and noise nuisance, whether it is used for entertainment or for any other purpose. No other country imposes such specific restrictions on artistic activities. Counsel retained by the Musicians' Union has stated that this legislation is incompatible with Article 10 of the European Convention on Human Rights, relating to freedom of expression.

At the forefront of the campaign for licensing of public entertainment are organisations representing local authorities, for whom this legislation would attract a considerable inflow of funds. Members of these organisations have been active on the committee which formulated the Licensing Bill, while bodies representing arts interests have been refused representation.

The present legislation in relation to public houses permits no more than two performers at a time to entertain in premises that do not have a Public Entertainment Licence – the celebrated 'two-in-a-bar' rule. The following are just two of many examples of over-zealous interpretation of this regulation by local authority officers: a landlord fined £500, with more than £1,500 costs, for allowing four of his regulars to sing 'Happy Birthday'; another threatened with court action when patrons were seen to be 'tapping their feet' to, and therefore being 'entertained' by, unauthorised music. Under the Licensing Bill, 'two-in-a-bar' will become 'none-in-a-bar', providing even more opportunities for 'jobsworth' interference in harmless activities.

In view of the 'freedom of expression' issue, this legislation is to be considered by the House of Commons Joint Committee on Human Rights.   Please write to the Committee with your views, quoting particularly any examples where the proposed legislation will affect your activities.   The address is:
Paul Evans, Clerk, JCHR, House of Commons, London SW1A 0AA.   


Paper prepared by John Smedley
Organiser, Sevenoaks Summer Festival
PO Box 398, Sevenoaks, Kent TN13 3YB
fjohnsmedley@aol.com