Look I know this fits into many other threads but I hope this will revive it to the top of the agenda. I should add that every time he opens his mouth Howells restricts further the definition of "incidental".

From: Hamish Birchall [mailto:drum.pro@virgin.net]
Sent: 14 May 2003 09:06
To: Mark Gibbens; John Bacon; doc rowe; Caspar Cronk; Jerry West; Fee Lock; Jackie Clayton
Cc: Richard Bridge
Subject: Morris dancing - open spaces - Minister's latest letter
Importance: High


Mark

Many thanks for copying me Kim Howells' latest letter concerning Morris dancing, open spaces etc. Before dealing with that, may I say your draft letter to the Commons Licensing Bill Committee is excellent and I hope you send it asap. It would be a good idea to copy it to the JCHR (Chair, Jean Corston MP, and legal adviser Prof David Feldman).

The Minister's arguments for extending criminal law sanctions over Morris dancing in the open on public land - unless licensed - are utter drivel. It is ridiculous for him to suggest that 'issues of safety etc ... are no different to those on private land or indoors'. Of course the safety issues are different: on a village green or public park there is unlikely to be any risk of structural weakness in the dance floor, the risk of fire is virtually nil, and at all but the biggest events there is little or no risk of inadequate emergency exits. Contrast the Minister's arguments with the Government exemption for big screen broadcast entertainment: a pub (or any building or open space) can be packed with boisterous crowds jumping up and down - no entertainment licensing required. Remember also that the performance of dance is exempt from entertainment licensing in places of religious worship, at non-profit-making garden fetes and similar functions.

During last year's World Cup, Bar Oz in Corn Street, Bristol, had to conduct an emergency evacuation because exuberant fans watching a match on the first floor caused ceiling plaster to rain down on customers in the ground floor bar. This was reported in the licensed trade press at the time. The government is aware of this and has concluded that separate safety legislation covers such risks. The DCMS has also received written representations from the Association of Chief Police Officers who wanted televised sporting events to be included as licensable public entertainment on crime and disorder grounds. The Government rejected ACPO's recommendation. With that in mind, the Minister's suggestion that Morris dancing should be licensable because it carries public nuisance and safety risks would be hilarious if it was not clear that, on this occasion, it is not one of his famous jokes. I would suggest that the Government has no evidence that small-scale dancing on public land warrants increased criminal law sanctions.

It is preposterous that the licensing of village greens and similar places for such activity should be at local authority discretion, and indeed that even if they do licence them, a further permission from the local authority would be required by Morris sides before any non-spontaneous performance. As for spontaneous dancing being exempt, on 24 April I raised this with a legal adviser at the DCMS and the Local Government Association. The DCMS did not reply to my email, but Trish O'Flynn of the LGA did. The LGA's view, of course, is more relevant than the Minister's since LGA's members are responsible for enforcement. Here is the relevant section of the exchange:

HB:    '... Let's assume that under the new regime the landlord of a typical small pub had been granted an authorisation on his premises licence to continue to host the solo and duo musicians that he has been putting on for years without a PEL. However, he did not seek permission for "a performance of dance" because he believes this only applies to the sort of performance described by the Minister [i.e. not spontaneous - also in Committee Howells specifically stated that people dancing for their own amusement did not fall within the definition of a 'performance of dance']. Does this mean that this landlord would not be committing an offence to allow pub customers to clear away the chairs for an impromptu boogie to a CD playing on a jukebox, or one musician playing a song?...'

LGA:    '... my understanding is that he would be committing an offence as Sch.1 para 3 provides that the provision of facilities for public dancing i.e. the cleared dance area would require a licence.'
Since 1976 the Government has had a duty under Article 15 the International Covenant for Economic, Social and Cultural Rights (ICESCR) to take progressive steps to ensure that everyone can participate in the cultural life of the community. It is impossible to reconcile that principle and obligation with the increased regulation of live music and dancing in the Licensing Bill. I think it also likely that over-regulation of public dancing, as with live music, is incompatible with Articles 10 and 11 of the European Convention.

Hamish Birchall
020 7267 7700