From: Hamish Birchall [mailto:drum.pro@virgin.net]
Sent: 23 April 2003 18:35
To: Hamish Birchall
Subject: Licensing and public safety: Government double standards


Please circulate

More Licensing Bill propaganda from the Culture Minister. Kim Howells has written again to Labour MPs 'to explain why we licence live music': 'The Government does not accept that existing health and safety and noise legislation provides sufficient safeguards where premises are used for public entertainment. Health and safety assessments relate to premises in normal use. Their use for entertainment often gives rise to particular issues, such as temporary cabling and staging and the blocking of fire exits'. [letter to MPs 09 April 2003]

Contrast that with the Government u-turn two months ago exempting places of religious worship from entertainment licensing: 'Kim Howells said: "The exemption I am announcing today will enable religious institutions and music societies to flourish."' [DCMS press release, 03 February 2003]

Note the implication in Howells' letter that providing entertainment is an abnormal use of premises. And what of the other exemptions, such as broadcast entertainment for excitable crowds jumping up and down in front of big screens in any place, or comedy nights in a pub that provides a PA, lights, and a stage? In fact, risk assessments are mandatory for employers and the self-employed alike, and are meant to cover all activities. Failure to conduct risk assessments, blocking of fire exits etc can already lead to criminal prosecution under separate safety legislation. Even the Government Whip in the Lords, Andrew McIntosh, conceded this during the Lords' Licensing Bill debate of 24 February 2003:

Lord Skelmersdale: My Lords, will the Minister confirm that blocking a fire exit is an offence under the fire Acts?
Lord McIntosh: My Lords, I believe so.

If writing to your MP emphasise the Government's contradictory position on these issues. Most MPs will not be aware of the significance of the Bill's entertainment exemptions (apart from churches and non-profit-making garden fetes), or the scope of public safety, noise nuisance and crime and disorder legislation. Nor will they be aware that the Joint Committee on Human Rights has specifically warned that the exemption for places of religious worship is a potential discrimination under Article 14 of the European Convention, and a possible violation of Article 9. Howells also left that out of his letter. For further information about the JCHR findings, refer MPs to the MU website: www.musiciansunion.org.uk/articles/article_10.shtml#committee