Mudcat Café message #1339838 The Mudcat Café TM
Thread #70681   Message #1339838
Posted By: The Shambles
26-Nov-04 - 01:01 PM
Thread Name: A little more news on Licensing
Subject: RE: A little more news on Licensing
How long will it take them to realise that they cannot refuse a licence application unless there is an objection, and while the council can raise an objection, it must come from a council body other than the licensing committee?

I think that they have recognised this and that is probably why they are still clinging to the last vestige of their old powers. With the idea that they can prevent borderline music making simply by claiming that it is (borderline) Regulated Entertainment - rather than demonstrating which of the Act's four licensing objectives the activity is threatening.

However, in the case of a non amplified session in small pub (where else) even if they insisted on the pub obtaining entertainment permission to enable it - given S 177 of the Act - they would not anyway be able to place any conditions on its issue......! So why waste the effort?

As part of the their Cultural Strategies - every authority is specifically charged with encouraging live music in small venues. Are we realy back to one part of the LA encouraging things that another feels entitled to prevent?

Why then risk action being taken against them under the HRA for preventing the public's right of freedom of expression when the licensing Authority have no grounds to do so?