Mudcat Café message #827544 The Mudcat Café TM
Thread #53667   Message #827544
Posted By: McGrath of Harlow
15-Nov-02 - 09:49 PM
Thread Name: PELs UK Music needs your HELP
Subject: RE: PELs UK Music needs your HELP
I've tried reading this and my head is spinning. Is there a lawyer in the house?

One thing I note is, it looks as if riverboat shuffles and train and bus sessions could be exempt, since the list of exemptions includes:

Vehicles in motion
10 The provision of any entertainment or entertainment facilities—
(a) on premises consisting of or forming part of a vehicle, and
(b) at a time when the vehicle is not permanently or temporarily parked, is not to be regarded as the provision of regulated entertainment for the purposes of this Act.

I note there is still no definition whatsoever of "entertainment" - and the paragraphs around this seem very confused:

(2) The first condition is that the entertainment or entertainment facilities are provided—
(a) to any extent for members of the public or a section of the public,
(b) exclusively for members of a club which is a qualifying club in
relation to the provision of regulated entertainment, or for members
of such a club and their guests, or
(c) in any case not falling within paragraph (a) or (b), for consideration and with a view to profit.

(c) could very well be highly relevant to us, since it could well be interpreted to legitimise sessions which are primarily for the mutual enjoyment of those taking part, when viewed in conjunction with:

4) For the purposes of sub-paragraph (2)(c), entertainment is, or entertainment facilities are, only to be regarded as provided for consideration if any charge—
(a) is made by or on behalf of any person concerned in the organisation or management of that entertainment or those facilities, and
(b) is paid by or on behalf of some or all of the persons for whom that entertainment is, or those facilities are, provided.

But what the hell is the implication of "members of the public or a section of the public" - what kind of distinction are they drawing between "members of the public" and "a section of the public", only to say that they'll be treated as meaning the same thing anyway?