The Mudcat Café TM
Thread #54126   Message #837643
Posted By: The Shambles
30-Nov-02 - 06:13 AM
Thread Name: PEL Problems in Hull
Subject: RE: PEL Problems in Hull........
Surely Hull councillors are not pretending that the sessions do not happen. They are simply using limited enforcement resources in directions which produce greatest benefit for the people of Hull generally.

I am not criticising Hull council, who would seem from the limited information supplied here, to be trying to do their best (if not their close neighbours, over just over the river in North Lincolnshire).

The fact remains that the ONLY way a council, even Hull, could legally permit a session in a pub without a PEL, is by using the discretion available to it, as the Licensing Authority to change the definition of the word 'performer' to one of someone paid or obligated to put on a performance.

Any other means (including pretending not to see them) is illegal. No Local Authority in the land, even Hull is going to even risk being criticised for acting illegally.

If Hull is really finding some other magical way of legally enabling sessions without PELs, we don't need the folkies of Hull to whisper to each other about their good fortune - we all need them to shout it from the 'bloody' rooftops!

What I sadly suspect will happen now is that the good folkies of Hull will choose to leave things well alone and not approach their councillors with concerns for sessions.

Or not to establish if the council could have a definition of 'performer', that would really merit praise. Not just in Hull but from everywhere else.

Which brings us back to why, even just one malicious complaint to Hull council, as happened here in Dorset and also in Helpston, will mean that they will have to claim that they have a statutory duty to enforce the law and that failing to do so will leave them open to criticism and censure.

John, advertising is advertising, as I have also found out through personal experience. You really must not risk the local situation you find reasonable, by not first establishing if the pubs do have a PEL, before you even talk amongst yourselves about it.

What ever you may think the council view is, the fact is that even in Hull, for a lincensee to allow a session, without a PEL is a serious criminal offence.

Where ever you live, if you think that your Local Authority is or could hold a different view, it is vitally important that instead of writing (what to some sounds smug) messages here, that you establish the exact means they are using.

With the new and even worse legislation soon to be imposed upon us, the excuse that making a fuss' can risk making things worse, is even more hollow-sounding that used to be.

The very things that we love and cherish are under attack from a Government Dept that should be encouraging all cultural activities. If YOU don't do what YOU can now, it will very soon be too late.

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