The Mudcat Café TM
Thread #57026 Message #906349
Posted By: Nigel Parsons
10-Mar-03 - 06:03 AM
Thread Name: further 'dangers' with the PEL
Subject: RE: further 'dangers' with the PEL
FolkieDave: (22 Feb) "7. There is no definition of spontaneous within the Bill or elsewhere for the purposes of the Bill. The point is that what most people understand to be spontaneous singing or dancing would not count as the provision of regulated entertainment under the Bill (because it would not satisfy the conditions in Schedule 1) and would not, therefore, require a licence. In reference to your more specific point - it is hard to see how a regular event could be regarded as spontaneous. Those performing/attending must presumably have known that it would happen and turned up accordingly. That is certainly not what I understand to be spontaneity. The first clause is of course to get rid of the idea that "Happy Birthday" is licensable. The second clause catches virtually all traditional folk events. And most others too!!"
Whilst the first clause may seem to exempt the singing of "Happy Birthday", the second clause then includes it. Those attending a birthday party must be expecting the song to be used at some time, hence it is not (by this definition) spontaneous.