Licensing - HMV shop prosecution.
Roger Gall
'Music chain HMV is to be prosecuted for letting Britain's Got Talent
finalist Faryl Smith sing during a signing at one of their stores,' reports
BBC news online:
http://news.bbc.co.uk/1/hi/england/beds/bucks/herts/8377024.stm
Kettering Borough Council is prosecuting the local HMV store on the basis
that it did not first obtain a �21 Temporary Event Notice. This is a
criminal prosecution for which the maximum penalty is a �20,000 fine and six
months in prison.
The singer's performance, which apparently took place last March, can be
viewed on YouTube:
http://www.youtube.com/watch?v=9eLr44FMpXk
Asked about this on BBC Northampton yesterday, Feargal Sharkey commented:
'It just highlights how utterly ridiculous this piece of legislation is and
how dysfunctional the whole thing has become. We happily accept that quite
clearly there are very large scale live music events, like big outdoor
festivals, that clearly need to be very carefully managed... The whole
thing is actually quite ludicrous and it's kind of one of those things that
when I first saw the clip on YouTube of the actual performance I genuinely
thought somebody was trying to make fun of me and it was April the 1st.'
See BBC Northants on iPlayer - Feargal Sharkey's comments start at 1'33":
http://www.bbc.co.uk/iplayer/episode/p005591w/Richard_Savage_and_Annabel_Amos_24_11_2009/
Unfortunately it is clear that the BBC reporters misunderstood the basis for
the council's action, confusing entertainment licensing with copyright
licensing. Sharkey had to explain the difference between the two regimes.
It is hard to see any rational grounds for the prosecution, or how it passed
the necessary public interest test. Even had the store applied for a
Temporary Event Notice, the council has no power to impose any noise or
safety conditions. The permission must grant the licence TEN limits would
be exceeded (i.e. more than 499 people would attend), or the police
intervene on crime and disorder grounds. In any case, separate legislation
already covers noise and safety concerns in workplaces.
ENDS
Peter Corser
news:KbGdndRFtu-dT5DW...@bt.com...
BBC Look East has reported that Kettering has agreed not to prosecute
provided that the HMV Shop donates the �21 to the mayor's charity!
Peter
--
Peter & Elizabeth Corser
Leighton Buzzard, UK
Roger Gall
http://www.livemusicforum.co.uk/
Kettering Borough Council has dropped its Licensing Act prosecution of the
local HMV store, subject to conditions, according to the Northants Evening
Telegraph of 26th November:
http://www.northantset.co.uk/news/Council-and-HMV-find-fee.5858697.jp
The council's actions provoked fierce local and national criticism. But for
a small minority, the decision not to prosecute was a betrayal.
Coverage in the online Northants Evening Telegraph generated a heated local
debate. One online commentator, identified as 'Lozza123', was outspoken
against live music and for the legislation. Here is a selection from their
postings:
'The Licensing Act has quite rightly led to a large reduction in live music
events. This has been done to protect local residents from the possibility
of being disturbed by noise. Is it not obvious that live music attracts
people to premises, and that therefore there is an increased potential for
crime? If local residents do not want live music in their town they have
the right to make representations to the local council until the event is
cancelled. It's called democracy.'
'The Government has done a superb job in clamping down on live music and
protecting the rights of residents and children. If one local council is
allowed to undermine all this, then live music might start to proliferate
again and I don't think anyone in their right mind would want that to
happen.'
'KBC [Kettering Borough Council] has undermined Govt attempts to tighten up
on an activity which as everyone knows poses a real threat to public
safety.'
'HMV should have been prosecuted. Promoting the objectives of the Licensing
Act should always take priority over any cultural considerations: these are
the LACORS guidelines and KBC has ignored them. The whole point of the
licensing act is to allow residents to complain in advance about live
music.'
'According to the DCMS, there are proven links between live music and crime
and the Act is there to protect local residents by reducing the number of
music events.'
See: http://www.northantset.co.uk/news/Council-and-HMV-find-fee.5858697.jp
(scroll down for comment postings)
Such virulent anti-music sentiment might suggest that this was a deliberate
wind-up. But this is unlikely. The comment about LACORS guidelines is
accurate and suggests that the contributor is well informed, perhaps a local
councillor who sits on Kettering's Licence Committee. Here is the section
from the LACORS guidelines to which they refer:
'Whilst the Government's Guidance accompanying the Licensing Act 2003
indicates some other factors which may influence decisions (e.g. live music
/ cultural considerations) these will always be subservient to the Licensing
Objectives and the Licensing Policy Statement.'
[The role of elected members in relation to Licensing Committee hearings
under the Licensing Act 2003', Annex B to Item 6, para 8]
See:
http://cmis.milton-keynes.gov.uk/CmisWebPublic/Binary.ashx?Document=14806
ENDS
JF
>
> 'KBC [Kettering Borough Council] has undermined Govt attempts to tighten up
> on an activity which as everyone knows poses a real threat to public
> safety.'
Keep back, copper! I've got a guitar and I'm not afraid to sing
'Come Down Jehovah'!
JF