Mudcat Café message #833883 The Mudcat Café TM
Thread #53667   Message #833883
Posted By: The Shambles
24-Nov-02 - 11:44 AM
Thread Name: PELs UK Music needs your HELP
Subject: RE: PELs UK Music needs your HELP
These seasonal tidings of great joy, from Hamish Birchall.

Clause 188 of the Licensing Bill establishes that 'premises' means 'any place'.

The only carol singing exempt is that which is 'incidental' to a religious meeting or service (Shedule 1, para 9), or possibly carol singing in private that was not raising money for charity, or not 'for consideration and with a view to profit'. Otherwise carol singing is licensable by virtue of Schedule 1, para 1(1)(a), para 2(e), and para 2(2); and it meets the two necessary conditions in para 1(2)(a) or (b) or (c), and 1(2)(3).

In brief: carol singing, other than as part of a religious service, is a performance of live music in the presence of an audience or spectators; it takes place public or for a section of the public, or in private for charity, or in private for a paying audience; and the 'place' where the singing occurs is 'made available' for the purpose of enabling the singing (i.e. could be your front doorstep!).

Hamish Birchall
020 7267 7700