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Council Bans Morris Part 2

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The Shambles 06 Aug 01 - 10:01 AM
The Shambles 06 Aug 01 - 10:19 AM
Richard Bridge 06 Aug 01 - 01:42 PM
vindelis 06 Aug 01 - 03:15 PM
Irish sergeant 06 Aug 01 - 07:20 PM
vindelis 07 Aug 01 - 02:15 PM
vindelis 07 Aug 01 - 02:15 PM
Bonzo 07 Aug 01 - 03:26 PM
bobby's girl 07 Aug 01 - 06:29 PM
vindelis 07 Aug 01 - 07:24 PM
The Shambles 08 Aug 01 - 04:21 PM
vindelis 09 Aug 01 - 02:30 PM
The Shambles 09 Aug 01 - 02:41 PM
The Shambles 10 Aug 01 - 09:41 AM
The Shambles 10 Aug 01 - 09:43 AM
vindelis 10 Aug 01 - 02:44 PM
The Shambles 11 Aug 01 - 01:01 PM
The Shambles 11 Aug 01 - 01:05 PM
The Shambles 11 Aug 01 - 01:27 PM
The Shambles 11 Aug 01 - 01:31 PM
Richard Bridge 13 Aug 01 - 05:19 AM
The Shambles 13 Aug 01 - 06:26 AM
GUEST,Mc Fat 13 Aug 01 - 06:45 AM
McGrath of Harlow 14 Aug 01 - 06:24 AM
The Shambles 14 Aug 01 - 06:26 AM
The Shambles 14 Aug 01 - 06:29 AM
McGrath of Harlow 14 Aug 01 - 08:49 AM
The Shambles 14 Aug 01 - 10:35 AM
The Shambles 14 Aug 01 - 10:39 AM
The Shambles 14 Aug 01 - 10:43 AM
Richard Bridge 14 Aug 01 - 11:24 AM
McGrath of Harlow 14 Aug 01 - 12:54 PM
Richard Bridge 14 Aug 01 - 01:27 PM
The Shambles 14 Aug 01 - 06:35 PM
McGrath of Harlow 14 Aug 01 - 06:51 PM
Richard Bridge 14 Aug 01 - 06:56 PM
Richard Bridge 15 Aug 01 - 12:54 PM
The Shambles 15 Aug 01 - 01:51 PM
The Shambles 15 Aug 01 - 01:54 PM
The Shambles 15 Aug 01 - 04:24 PM
The Shambles 15 Aug 01 - 04:33 PM
Richard Bridge 15 Aug 01 - 06:01 PM
McGrath of Harlow 15 Aug 01 - 07:01 PM
The Shambles 16 Aug 01 - 02:22 AM
The Shambles 16 Aug 01 - 02:56 AM
McGrath of Harlow 16 Aug 01 - 05:48 AM
The Shambles 16 Aug 01 - 09:41 AM
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Subject: Council Bans Morris Part 2
From: The Shambles
Date: 06 Aug 01 - 10:01 AM

Council Bans Morris Dancing is getting a little big to load, so i will start a new one.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 06 Aug 01 - 10:19 AM

I refuse to accept that customers of all ages, sex, race or religion making unpaid music together, for the sheer joy of doing so in a public house, where the interests of the public are already assured by existing legislation, can or should be prevented.

 In this activity the public's freedom of expression is guaranteed by Article 10 of the European Convention of Human Rights.

 "By applying the relevant licensing legislation the council has imposed conditions and restrictions on Mr Gall's rights which are legal, necessary and proportionate in the interests of public safety, control of nuisance and the prevention of crime and disorder". From a report presented to a meeting of Weymouth and Portland Council's Social and Community Committee, held on 05/06/01.

 Where the licensee has given permission for their customers to traditionally make music or sing, there is no additional issue of noise, nuisance or public safety, that is not already more than adequately covered by other existing legislation.

 If a public house's maximum capacity is not exceeded, and all of those customers were to sing, would this activity alone make them unsafe? …..It would however make it illegal, according to WPBC.

The above meeting established a policy that members of the public making music are performers and where there are more than two people singing along, this activity is illegal, without a Public Entertainment Licence.

 Case law has not established that members of the public are performers but WPBC's policy has.

 Further that traditional activities like Morris Dancing, taking place on private or land belonging to a public house, will also be illegal without this licence.

I strongly request that Weymouth and Portland Council Borough urgently re-examine both the legality and wisdom of this policy also to establish if this policy has been made in the best interests of all the visitors and residents of Weymouth and Portland?

Roger Gall.

If you agree with the above, it may help if you copy it, add your own comments and send them to The Director of Tourism, Council Offices, North Quay, Weymouth, Dorset DT4 8TA.

ianlocke@wpbc.weymouth.gov.uk

Many thanks......


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 06 Aug 01 - 01:42 PM

I might have a play with this soon. Good luck Sham.

I will soon also post a thread abouta festival in Kent (a Morris festival) where teh organiser has admitted to me that they don't want folk singers. See you there!


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Subject: RE: Council Bans Morris Part 2
From: vindelis
Date: 06 Aug 01 - 03:15 PM

What no song? Not another case of 'Everyone For dance and sod the Singer'? (A quote from a rather disillusioned young man at Sidmouth folk festival, about twenty years ago).


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Subject: RE: Council Bans Morris Part 2
From: Irish sergeant
Date: 06 Aug 01 - 07:20 PM

A technical question, how do you perform Morris Dancing without folk music? Kindest reguards, Neil


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Subject: RE: Council Bans Morris Part 2
From: vindelis
Date: 07 Aug 01 - 02:15 PM

Try the north-west clog sides who dance to 'Nelly the Elephant' and other tunes of similar ilk. It may not be 'traditional' but it does pull the crowds.


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Subject: RE: Council Bans Morris Part 2
From: vindelis
Date: 07 Aug 01 - 02:15 PM

Try the north-west clog sides who dance to 'Nelly the Elephant' and other tunes of similar ilk. It may not be 'traditional' but it does pull the crowds.


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Subject: RE: Council Bans Morris Part 2
From: Bonzo
Date: 07 Aug 01 - 03:26 PM

Or cotswold to Beethoven's 9th symphony!


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Subject: RE: Council Bans Morris Part 2
From: bobby's girl
Date: 07 Aug 01 - 06:29 PM

It's true - we do it!


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Subject: RE: Council Bans Morris Part 2
From: vindelis
Date: 07 Aug 01 - 07:24 PM

Don't forget the Cotswold Christmas carol tunes that appear at the appropriate time of year.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 08 Aug 01 - 04:21 PM

Maybe this ban is not such bad idea, after all?


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Subject: RE: Council Bans Morris Part 2
From: vindelis
Date: 09 Aug 01 - 02:30 PM

Come now sir, surely thou doest jest!


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 09 Aug 01 - 02:41 PM

Well having spent time trying to sell the good natured and benificial aspects of sessions, when Mudcatters were busy in a thread trying to demonstrate the opposite and talk about the best fights caused by them.

I now try to sell the value and purity of the Morris tradition, to find dances being set to such ancient tunes as Rudolf the Red-nosed Raindeer and 'Ode to Joy'!!!

Maybe it is Public Entertainment after all?


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 10 Aug 01 - 09:41 AM

I asked about our Cultural Strategy in April and received the following from the Tourism and Leisure Manager:

"The Local Cultural Stategy will be going out for consultation during July to September"

I reminded him of this in August and receveved the following, 10/08/01:

With regards to your recent Email consultation is ongoing BUT will now take place in October/November 2001.

?


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 10 Aug 01 - 09:43 AM

How is yours going?


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Subject: RE: Council Bans Morris Part 2
From: vindelis
Date: 10 Aug 01 - 02:44 PM

Remember, getting things done in THESE circles, is like mating elephants: Its done at a high level, with a great deal of ranting and roaring, and takes two years to produce results. (If you are lucky!) So patience dear Shambles, patience. (You never know, flying pigs and all that.)


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 11 Aug 01 - 01:01 PM

The following letter was published in our local paper, The Dorset Evening Echo 07/08/01.

I seem to have failed in getting much response, let alone support as a result of the paper's article, editorial 04/08/01 and this letter. I would be most grateful for any help in keeping this issue to the fore.

Please bear in mind that this is a tourist resort, so it matters little where in the world you live. If you care about freedom of expression and traditional music, please write and express your view of our Local Authority's policy? ……………….I will keep a record here of what is published…… ..Please help, this is an opportunity to change this policy and send a clear message to ALL our councils. If we don't take this opportunity to put things right, no one is going to do it for us!

Letters to the Editor (short ones have a better chance of appearing)…….letters@dorsetecho.co.uk

Thanks.

SATURDAY'S piece about Brian Flynn, of the Cove House Inn, Portland, and his set-to with the borough council ('Landlord fears that system threatens future of traditional music') raised some important issues.

As a local traditional musician, I would like to publicly thank Brian Flynn, on behalf of all the people of Weymouth and Portland, for his actions and the views he expressed.

The difficulties presented locally for these folk music and Morris dancing, the activities, and the amateurs involved in them, need to be addressed. Where is there any mention from WPBC of any constructive measures to deal with this situation?

The director of tourism is responsible for departments that promote cultural events- as well as for the departments that prevent them and for the department that is charged with finding case law, to defend their actions. What a sad story in the Echo with the council insisting on justifying measures that prevent of our local Morris teams from dancing at the Cove House Inn.

I do not ask the council to spend our money to promote such activities, I would just ask it to leave them alone?

Both Mr Flynn and WPBC find themselves in difficult positions. Mr Flynn has used discretion and common sense. The council claims it does not have the former and to date seems not to have demonstrated much of the latter. I live in hope?

As pubs already have all the legislation needed to ensure the interest of the public, maybe it is time to use the considerable powers of discretion that the office confers to distinguish between the supposed risks presented, or to replace the council office with a far cheaper option of a machine or computer programmed to just carry out instructions.

Only 6% of the nation's licensed premise currently hold Public Entertainment Licenses. Under considerable pressure from the council, Mr Flynn has had to apply and pay for a licence he did not consider that he needed. It is to his credit that he did not just ask the traditional activity to stop.

The "benefit" of the Public Entertainment Licence has prevented Morris dancing on his property, except for once a year. The extent, to which he has broken the terms of this Public Entertainment Licence, is just to allow Morris dancing to take place safely on his land.



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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 11 Aug 01 - 01:05 PM

Trevor Gilson's site CLICK HERE, has more details and links to all the earlier Mudcat threads on the subject.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 11 Aug 01 - 01:27 PM

This letter appeared in the Dorset Evening Echo 11/08/01.

PUB MUSIC POLICY: WHO'S CONSULTED?

The Department for Culture, Media and Sport has given Local Authorities until 2002 to develop a Local Cultural Strategy.

A requirement to: "Develop strategy to encourage greater variety of pub/small scale venues, and review licensing arrangements for small venues" (on page 35 of the Creating Opportunities guidance document)does not seem to have been considered to conflict with or even influence Weymouth and Portland Borough Council policy.

This policy, established at the Social and Community Committee meeting on 05/06/01, considers that, more than two members of the public singing together in pub, to be illegal without a Public Entertainment Licence. This type of licence is held by only 6% of the nations licensed premises.

The minutes of this meeting indicate that no mention was made of this Local Cultural Strategy requirement and that the officer responsible for it was not present at this meeting.

Should not the Committee re-examine this policy and further consider if it is in the best interests of all the visitors and residents of Weymouth and Portland?

I fist asked about progress of the council's Local Cultural Strategy in April and received the following from the Tourism and Leisure Manager: "The Local Cultural Strategy will be going out for consultation during July to September."

I reminded him of this in August and received the following, 10/08/01:

"With regards to your recent Email consultation is ongoing BUT will now take place in October/November Have you been consulted?


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 11 Aug 01 - 01:31 PM

Last bit should have read.....>br>

"With regards to your recent Email consultation is ongoing BUT will now take place in October/November

Have you been consulted?


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 13 Aug 01 - 05:19 AM

Extract from Lawtel about PEL licensing

Docno:

L4201330

Subject: LICENSING - MEDIA AND ENTERTAINMENT

Title: Entertainment complex

Publication: Solicitors Journal SJ Vol.145 No.31 Pages 750-751

Date: 10/8/2001

Year: 2001

Author: Susanna Fitzgerald QC (One Essex Court)

Statutes: Human Rights Act 1998 : Disability Discrimination Act 1995 , s.19 : Local Government (Miscellaneous Provisions) Act 1982, Sch.1 para 14 : Race Relations Act 1976, s.20 : Sex Discrimination Act 1975, s.29 : Health and Safety at Work Act 1974, s.3 : London Government Act 1963, Sch.12 para 12

European: European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Protocol 1 Art.1

Summary: Critiques the draft proposals on national standard licence conditions for all public entertainment licences. Suggests that some of the conditions have duplicated other legislative provisions and are too prescriptive and fail to achieve some of the main purposes of licensing.

Inset: Comment.

Keywords: PUBLIC ENTERTAINMENT LICENCES : DUPLICATION : INSPECTION

International Legislation: European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Protocol 1 Art.1


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 13 Aug 01 - 06:26 AM

Thanks Richard. But what does it mean?


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Subject: RE: Council Bans Morris Part 2
From: GUEST,Mc Fat
Date: 13 Aug 01 - 06:45 AM


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Subject: RE: Council Bans Morris Part 2
From: McGrath of Harlow
Date: 14 Aug 01 - 06:24 AM

That looks as if it might be an article by Susanna Fitgerald worth reading. Is there a possibility of an online link to it, or a more extended summary?

The central question is, is the current restrictive law in Britain actually worth the paper it is written on, given binding Human Rights legislation?


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 14 Aug 01 - 06:26 AM

"fail to achieve some of the main purposes of licensing.

I would like to know what these are considered to be and if the present PEL system is thought to do this?


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 14 Aug 01 - 06:29 AM

How spooky? You got there two seconds before me....


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Subject: RE: Council Bans Morris Part 2
From: McGrath of Harlow
Date: 14 Aug 01 - 08:49 AM

Please bear in mind that this is a tourist resort, so it matters little where in the world you live. If you care about freedom of expression and traditional music, please write and express your view of our Local Authority's policy

That set me thinking. What's needed isn't so much people writing to slagging them off, but politely checking with the authority that their policy is such that anyone who might want to take part in or attend an informal singsong or music session should go somewhere else for their holidays, or to set up that business they are thinking of setting up somewhere in Europe.

And when they've got that confirmation, write to the paper explaining why they won't be coming, and why they will be telling all their friends around the world that Weymouth and Portland are not the place to go. Preferably postmarked Texas and places like that, because they probably think all Texans are oil millionaires.

Not a question of complaining about the injustice of it, because they are hardly concerned about that. "Not my problem if you people like it that way - but I just don't want to waste my holiday going somewhere where I can't sing a sing or play a tune with my friends, when the landlord and regulars don't object."

I think I might write to them myself, and explain that I am planning to drawing up a list on my website of authorities which have adopted a hardline approach on this, and authorities that are more easy going about it, and asking them to confirm which category I should put them in. I wouldn't want to give inn accurate information to friends in various part of the world.

And I think it might indeed be useful to have such a list. Well, more especially a list of [aces which, like Weymouth have a consistent and determined anti-policy. There could be a danger with identifying currently easy going authorities - it can be best to let sleeping dogs lie.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 14 Aug 01 - 10:35 AM

I think that is all I was suggesting. This issue is too complicated for the general public locally and we do not have too many tradititional music enthusiasts ready to fight, so the public pressure is going to have to come from ALL those everywhere, who see the real threat presented to the activities they hold dear.

If Weymouth and Portland were to receive an official legal challemge to their policy and they may well do so, their officers have made it quite clear that the council would be seeking support from all the other athorities. See Hamish's report for details of this.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 14 Aug 01 - 10:39 AM

If you were to write and I hope that as many as possible do, it will be a good idea to copy the letter to our Local Paper (details above). This will keep the issue in the public eye and make it difficult for the council to ignore.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 14 Aug 01 - 10:43 AM

I am due to meet with the Chief Executive on the 23 August, so a few letters of concern may 'oil the wheels' a little?


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 14 Aug 01 - 11:24 AM

Respectfully suggest go to public library or Law Society Library and read copy article (from "Solicitors' Journal")referred to in Lawtel summary I posted.

It's not available on line as far as I know because they sell subscriptions to the SOlicotor's journal so why would they give the content away free?


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Subject: RE: Council Bans Morris Part 2
From: McGrath of Harlow
Date: 14 Aug 01 - 12:54 PM

I suppose if someone were to go to the library and photcopy it and then post it here that would be illegal. Even a GUEST without a name.

They sell the Guardian and the Times and the Daily Telegraph and New Scientist and...still put the content online. (And the Mudcat is more interesting than any of those, a lot of the time.)


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 14 Aug 01 - 01:27 PM

Here is the url for the relevant page onteh Sweet and Maxwell site. The journal is not available free.

Thoretically it would be an infringment of copyright in the article (definitely) and the journal (probably) to OCR the article and post it.

Sweet and Maxwell may not have got (apologies for my grammar) all the rights from the author and it may be possible in theory to get the necessary permission from the author direct.

Public library probably easier. The copy from them should not be a copyright problem - private research, see!

Good luck.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 14 Aug 01 - 06:35 PM

I see no URL?


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Subject: RE: Council Bans Morris Part 2
From: McGrath of Harlow
Date: 14 Aug 01 - 06:51 PM

That soiunds positively Nelsonian. But nor do I. I suspect it means Richard put a bracket round te wonrg way or something. Anyway here it is, courtesy Google the Great and Glorious: http://www.smlawpub.co.uk/


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 14 Aug 01 - 06:56 PM

Hmm, paste must have gone wrong. Sorry.

A rummage on the site revealed nothing to be had for nothing


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 15 Aug 01 - 12:54 PM

I've spoken to the chambers of Susanna Fitzgerald, and I also have (from contacts) a hard copy of the article cited above. She is on hols now but I have asked for electronic copies of the article and indeed of a longer article that is referred to in her said article. I have also asked for permission to post the articles here.

The articles are not on the chambers website www.oeclaw.co.uk, nor on Susanna Fitzgerald's pages there, but you may want to have a look.

Once the long vacation is over, Magrath and Sham, you may wish to get in touch with her and ask if she would do some pro bono work on your campaign. I do not suggest suing anyone, but if she were preapred to produce an opinion addressing the Human Rights angle of restrictions in PEL licensing as affecting traditional song, music, and dance, you might have something to take up with the Home Office.

If you can PM me the address of Weymouth and Portland I am prepared to write to them on my solicitor's notepaper to ask for copies of the case law referred to in the report you object to. You may of course find that the cases do establish what they say...


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 15 Aug 01 - 01:51 PM

Thank you Richard.

The lady that you need to contact is Melanie Earnshaw

Weymouth and Portland Borough Council

Council Offices

North Quay

Weymouth

Dorset DT4 8TA

I'm sure that they will support her position.

The crux of the promblem is this lady. She has had to provide case law that only supported the position because she had already advised the council to take this position, by writing the letter threatning legal action against the Licensee, should the session continue.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 15 Aug 01 - 01:54 PM

No need to PM as all the addresses and emails of the council can be found on their website HERE WPBC


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 15 Aug 01 - 04:24 PM

This is our council's view.

4. Public Entertainment Licensing
4.1 This Council is the Authority responsible for licensing public entertainment within the district of Weymouth and Portland. Members will be aware that the Government published a white paper last year proposing major review of licensing legislation. The current law however as regards the licensing of public entertainment is contained in the Local Government (Miscellaneous Provisions) Act 1982 Section 1 and Schedule 1.

4.2 It is it a requirements of the Act that public entertainment shall not be provided in any place except in accordance with a PEL issued by the Local Authority. The Act allows Authorities to grant Licenses subject to conditions and restrictions relating to the premises. In this Authority standard conditions are attached to PELs to promote public safety, public health and public order.

4.3 "Entertainment" is defined in the Act as "public dancing or music or any other entertainment of a like kind".

4.4 Exemptions from the need to obtain a Licence are contained in Section 182 of the Licensing Act 1964 including an exemption where the public entertainment is provided by not more than two performers.

4.5 Historically the Courts have determined that a licence is required not just where music is provided by paid performers to entertain the public but where members of the public themselves participate in music making. It has also been established that whether or not a fee is charged for admission to the performance is immaterial to the requirement for a Licence.

4.6Although these decisions date back to the 18th and 19th centuries they can be relied upon in interpreting current legislation since these points do not appear to have been tested by the Courts in recent times.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 15 Aug 01 - 04:33 PM

The full report, from which that extract was taken, can be found on Trevor Gilson's Site HERE.


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 15 Aug 01 - 06:01 PM

Oops, I replied to your PM before reading this. Leave it to me to see if I can get closer to the old precedents.


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Subject: RE: Council Bans Morris Part 2
From: McGrath of Harlow
Date: 15 Aug 01 - 07:01 PM

"Entertainment" is defined in the Act as "public dancing or music or any other entertainment of a like kind".

That's a brilliant circular definition. cf "A cow" is defined as "an animal with horns, or any other cow of the same kind." And these guys who draw up definitions like that get paid for it? By us?

I wasn't clear, Shambles, whether you were saying that the reason that Melanie Earnshaw is coming up only with legal arguments supporting the legal opinion she has already given is that she doesn't want to undermine what she has said; or that, now that she has given that opinion, and this has been adopted as council policy, it is only expected of her that she should look for legal arguments supportingt that policy.

Basically, if compelling legal arguments are drawn to her attention which undermine the opinion she has given, and that put in doubt the council policy based on it, is it reasonable to assume that she will tell the council she thinks she may have got it wrong, and advised them in error?

I hope so. After all, any honest person would do that. An doin that basis clearly it is urgent that such arguments are presented to her rapidly.

I haven't got round to drafting my letter to Weymouth Council, but I will soon.


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 16 Aug 01 - 02:22 AM

The Licensing Officer asks The legal Derpartment to write the letter, saying that the Licensee will face a possible six month prison term or a £20,000 fine for allowing the session to continue.

They do this, then they are faced with a 'stroppy' member of the public who disagrees with this.

It may have been possible at this point to re examine the session but this was not done. So the machine just rolls on.

It is just legal opinion after all until tested in court......


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 16 Aug 01 - 02:56 AM

4.6Although these decisions date back to the 18th and 19th centuries they can be relied upon in interpreting current legislation since these points do not appear to have been tested by the Courts in recent times.

I hope that you are right but I do not think that there is much chance of our legal dept changing their mind, no matter what they are presented with.

For they have compromised the whole council, by getting them to endorse there actions and policy and the machine will now just roll on...........


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Subject: RE: Council Bans Morris Part 2
From: McGrath of Harlow
Date: 16 Aug 01 - 05:48 AM

Is there any equivalent of the Right of Way concept in relation to this sort of thing? I mean, if it were possible to prove that something had been going on and allowed to go on for a number of years that gave it some right to continue?


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 16 Aug 01 - 09:41 AM

There remains here a nearby weekly session, running for a number of years, that has not been subject to this enforcement, and still has not?

So there seems to be such a thing here.........As well as strict enforcement?


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Subject: RE: Council Bans Morris Part 2
From: Richard Bridge
Date: 16 Aug 01 - 09:51 AM

If it could be shown that the council knew of a session, took no action to enforce, and stood by and permitted the organiser (A loose word, for brevity) to alter his position in reliance on continued inactivity, a case of estopel might be made out, but the contrary argument that the council has s duty to enforce, not merely a right to enforce is to my mind more likely to win the day.

Otherwise all new "zero tolerance" policies would be unlawful


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 16 Aug 01 - 10:20 AM

Is it lawful to operate both the 'blind eye' and strict enforcement?

I will post their exact words on this........


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Subject: RE: Council Bans Morris Part 2
From: The Shambles
Date: 16 Aug 01 - 11:12 AM

Mr Gall refers to other premises that have not had a licence. We do not have the resources to inspect every possible premises to see whether an entertainment licence might be required especially as such licences would normally require them to be inspected in the evening. However, if we do hear of a premises that might apparently need a licence and does not have one then we will follow it up. It is our usual practice do check local newspapers to see if premises are being advertised. From a letter to me from the Director of Tourism 17/04/01.

You can do it, as long as you don't advertise it, seems to be the message?


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