The Mudcat Café TM
Thread #55468   Message #861840
Posted By: The Shambles
08-Jan-03 - 03:17 PM
Thread Name: Human Rights Committee AGREES! PELs
Subject: Human Rights Committee AGREES! PELs
The following rather important infomation from Hamish Birchall.

The Joint Committee on Human Rights has concluded there is a potential
violation of musicians' right to freedom of expression (Article 10 of the
European Convention) within the Licensing Bill.

Interestingly, it has also concluded that the Bill inadequately protects
residents' right to a quiet night's sleep (Article 8 of the European
Convention). Under the Human Rights Act 1998, all new legislation must be
compatible with certain European Convention rights, including Articles 8 and
10.

The Committee makes particular reference to Clause 134, under which
musicians would be guilty of a criminal offence if they performed in a
premises that does not hold a licence for live music without first checking
that the premises held the appropriate authorisation.

In its report on the Licensing Bill

http://www.publications.parliament.uk/pa/jt200203/jtselect/jtrights/24/2405

the Committee stated:

"The inflexibility of the provision makes it difficult to be confident that
it could be applied in a proportionate way and only in response to a
pressing social need.

We consider that there is a significant risk that the provision would amount
to an unjustifiable interference with, and hence a violation of, rights
under Article 10.

Nor does it appear to us that the Government has so far provided an adequate
justification for the provision so far as it interferes with the right of
owners and occupiers of premises to peaceful enjoyment of their possessions
under ECHR P1/1.

We have therefore written to the Minister seeking a fuller justification for
the provisions of clause 134 of the Licensing Bill in relation to the
criteria set out in ECHR Article 10.2."


I understand that the Department for Culture has until 10 January to respond, and it has not yet done so.