The Mudcat Café TM
Thread #54858   Message #853949
Posted By: The Shambles
27-Dec-02 - 04:01 AM
Thread Name: PEL: What activities to be criminalised?
Subject: RE: PEL: What activities to be criminalised?
This from Hamish Birchall

The creators of the none in a bar Licensing Bill are stuck in the 18th-century. The Bill is constructed as if 21st century safety, noise and crime and disorder legislation had never happened. The maximum penalty of a £20,000 fine and six months in prison for an unlicensed performance of live music is greater than for a serious breach of health and safety, or noise, legislation (which does not carry a potential custodial sentence). This was one reason why existing PEL legislation was rubbished in Parliament earlier this year as 'archaic and just plain daft.' But, unbelievably, the government has just confirmed that the penalty would continue to apply to carol singers:

"People singing carols in a supermarket or a railway station and so on would need to be covered by a premises licence or a temporary event notice." [Lord McIntosh, government whip, 1st Committee stage debate of the Licensing Bill, House of Lords, 12 December 2002]

Criminalising live music without a licence was an 18th century innovation. It was a crime and disorder measure, applying only to pubs in Westminster, at a time when there was no unified police force for London. Public safety and noise legislation was rudimentary or non-existent.

The Bill is a gift to jobsworths. Rest assured local authorities will enforce 'none in a bar' if this Bill is passed without amendment. Licensees, and musicians, will be treated as criminals where there is no safety risk and no noise complaint.