23 December 2002
Dear Councillor

LOCAL GOVERNMENT (MISELLANEOUS PROVISIONS) ACT 1982.

I am aware that a number of Councillors have again been approached by Mr Roger Gall on the subject of entertainment licensing and the "two in a bar" rule. I therefore felt it would be helpful to you to précis the facts of the matter and subsequent action taken by this Council.

I attach a copy of the joint report of the Licensing Manager and Solicitor which was presented to Social/Community Committee on 5th June 2001. This fully explains the background to the case for you. It was resolved at this meeting that:

(I) the Committee confirmed that the steps taken by the Licensing Manager to encourage an application from the proprietor of the Cove House Inn, Portland, for a licence permitting public entertainment on the premises were appropriate and justified.

(II) Consultation take place with local musicians regarding the law as it stands at present and on what amendments could usefully be made, and that these views be collated and passed to the Government.

There has been a considerable exchange of letters, E-mails, etc with Mr Gall since this time by various Officers of this Council but the Council's position has remained the same throughout. That is:

Where it comes to the attention of the Council that public entertainment is being provided without the benefit of a Public Entertainment Licence on anything more than a one off, accidental basis the Council will intervene to explain and if necessary enforce licensing legislation. Having made extensive enquiries we have not identified any other Authority whose position differs from our own and we consider that action taken by this Authority is lawful, justified and proportionate. In the absence of a fresh judicial decision or a change in primary legislation this sets out the Council's legal position on this point.

Mr Gall was informed some while ago by both myself and the then Director of Tourism and Corporate Services that this Council had reached a stage where it was unable to enter into any further discussion on the subject and that it would not be an appropriate use of Council taxpayers money to do so. This stance was supported formally by the social and Community Committee.

Mr Gall lodged a complaint against the Council with the Ombudsman. The Council was totally exonerated by the Ombudsman.

My final point on the matter is that we are now only 12-18 months away from the newly published Licensing Bill being enacted. The Bill seeks to redress many of the current anomalies with regard to liquor and entertainment licensing of which the "two in a bar2 rule is one. I therefore believe that reopening this well-worn debate at this stage would be counter-productive.

I trust that you find the above information useful, but if you do want more information, please ask Sue Moore or myself.

Yours sincerely

Tom Grainger
Chief Executive

Weymouth and Portland Borough Council
Tel 01305 838229

tomgrainger@weymouth.gov.uk