The Mudcat Café TM
Thread #55433   Message #900379
Posted By: The Shambles
28-Feb-03 - 11:22 AM
Thread Name: PEL : MPs' replies to your e-mails
Subject: RE: PEL : MPs' replies to your e-mails
The following from Richard Bridge.

Hamish nails Howells to the mast [above] below - but he is too charitable!

Music tuition is likely to be licensable. The teacher will play example pieces to the student (so the student is an audience). That is a musical performance and it is plainly for consideration and with a view to profit. The tutor usually makes the premises available. the only issue is whether the purpose "includes the purpose of entertaining that audience". Well, if the tutor plays well the tutee will enjoy it. The tutor will intend this, in order to inspire the student. It is not his main purpose, but it is one of his purposes. Oh dear.

Also, the church exemption may not exempt bellringing. This is an area where the govt is looking at a problem raised in teh House of Lords. The exemption is for places of PUBLIC worship. THe lords' worry was that even churches are not public outside the times of services - the vicar can ask anyone to leave. Now I would argue that the belfry is plainly private. Just you try to get in in most cases. Likewise, oddly, the organ loft which is usually kept locked to prevent oiks vandalising the organ.

But the main point is not the sideshow about silly defintions - it is music throughout the land - in pubs and other licensed premises which lose the 2-in-a-bar exemption, in clubs (including clubs in the back rooms of pubs, or like "Tall Poppy") which cease to be exempt despite being private, and for stuff like Morris dance which becomes regulated in pub carparks,and possibly (no-one seems to be very clear yet) regulated on the public highway as soon as the relevant authorities do not "move along" the obstruction caused (and so make the premised ("any place") available) - all compared to intrusive juke boxes and DJs without dancefloors which are exempt so long as "incidental", and big screen TV which is exempt even if NOT incidental.