Making Music Is Illegal.

Subject: RE: MAKING MUSIC IS ILLEGAL.
From: Deni
Date: 28 Apr 01 - 03:04 AM

This thread and the one before is getting quite q bit of support, but could get even more. Come on everybody. Raise your voices! Folk is under attack here. So that's what it feels like to be in a minority area. Have the Musicians Union got on to this one yet?

It is cetainly contrary to their Keep Music Live aims.

Subject: RE: MAKING MUSIC IS ILLEGAL.
From: The Shambles
Date: 29 Apr 01 - 03:06 AM

I asked for help

My councils says I need a change of law.

My MP says I need a change of Government

I still need help.

Many thanks to those that are trying to help.

Subject: RE: MAKING MUSIC IS ILLEGAL.
From: Richard Bridge
Date: 29 Apr 01 - 06:25 PM

What happened to the alleged reform of licensing law? Until that reform gets going and then only if you can get it through the heads of the bureacrats, I rather fear council and MP are right, for that is what the law is! It may not be sense, but it is the current law.

Subject: RE: MAKING MUSIC IS ILLEGAL.
From: The Shambles
Date: 29 Apr 01 - 06:54 PM

Richard that is what they are saying. It does not mean that it is true.

There is no case law precedent to support the interpretation of that members of the public are performers. So it is is rather difficult to see how they could win any of these cases under this law.

But it does really require a licensee prepared and able to fight it in court.

The reform will come, I just hope we have some events and venues left by the time it does.

Subject: RE: MAKING MUSIC IS ILLEGAL.
From: Richard Bridge
Date: 30 Apr 01 - 08:29 AM

You are of your opinion.

WHat, however, did happen to the reform?

Subject: RE: MAKING MUSIC IS ILLEGAL.
From: The Shambles
Date: 30 Apr 01 - 04:11 PM

To begin with you should be aware that the leading authority in this area of the law, Dr Colin Manchester (author of Entertainment Licensing – Law and Practice, Butterworths) has been consulted on precisely this point and he is adamant that there is no decided authority to support this interpretation of s 182.

Indeed, the circumstances of the case law precedent so far cited by WPBC and other councils to support their position (Clarke v Searle 1793; McDowell v Maguire 1954) are not remotely comparable with informal music-making today. If case law were the only guide then Brearley v Morely (1899) would appear to be clearer: in that case a landlord was found to have been wrongly convicted of putting on music without a licence because customers had played a piano 'for their own amusement'.