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| THE PEL LAW IN THE UK - is it Killing Traditionl Music? |
| Two in a Bar - bizarre English law Bizarre laws can be found probably all around the world. And sometimes it affects folk music. FolkWorld has reported often enough about the so-called Foreigners' Tax for foreign performers in Germany (which will now be changed). England has traditionally strict laws for pubs. That up to now normal pubs have to finish serving at 11 p.m. every evening is widely and internationally known, yet the "Two in a Bar" law is lesser known. Here is some info on it; so bizaare it could be a satire... The debate centres around the fact that although no licence is required for loud discos, Pubs and Clubs in England and Wales can't allow more than two musicians to perform on their premises without a special Entertainment licence (PEL), which is very hard to get, and at times also very expensive (depending on the local authority - especially in London it is extreme). Unlicensed live music is seen as a criminal offence, the maximum penalty is a £20,000 fine and six months in prison! You need in fact for any possible "venue" - from schools via hospitals to your private home! - a PEL for any "public entertainment performance". Only exceptions for the PEL are if the event is for a charitable or educational purpose, or if it is part of a religious service, in a place of public religious worship (outside London), on Crown land or by the (above mentioned) up to two 'performers' in on-licensed premises (bars, restaurants etc). Only about 5 % of the on-licensed premises hold an annual PEL. Theoretically, one way to avoid the necessity of a PEL is setting up a private member club - and that is also one of the reasons why at plenty of English clubs you are only allowed in as a member (it is no problem to become a member though - you just need to inform the club a day or so before the concert that you are intending to become a member). Setting up a private members club is complicated though - if for example alcohol is on sale, a formal registration must be made to the magistrates court so that a hearing can consider all aspects of the club formation (a minimum required number of members, rules, committee structure etc). This is not an easy option. This law takes some really bizarre forms. If for example a musician uses backing tapes, it becomes again illegal - combining even one live musician with any form of 'recorded sound' is illegal in such premises without a PEL. Even MIDI technology, almost universal in modern electronic instruments, is counted as 'recorded sound' by some local authorities. Yet the pub will not need a PEL if they play any other form of recorded sound or satellite television - as long as no live musicians play at the same time! If in these premises the public sings along during a performance, the public is counted as performers in the interpretation of many local authorities. The Government has already two years ago proposed radical reforms to licening laws. A White Paper was published in April 2000. It proposed to end public entertainment licensing as a separate licensing regime. All venues which serve or sell alcohol or provide any entertainment to the public would be required to obtain a 'premises licence'. The Government are also proposing to change the law to allow 24 hour opening times. In reality there will be very few premises open for round-the-clock drinking because local residents will have the power to veto such licence applications. The new licening bill was promised just before the General Elections las summer, but - although the same government is in power - activity has remained static. The Department for Culture, Media and Sport, responsible for licensing since 8 June last year, is now saying that legislation will be introduced 'as soon as Parliamentary time permits'. Early in December 2001, the 'Two in a Bar' debate came once again into parliament, with some embarrassing results. Junior culture minister Kim Howells was approched about the matter in Parliament. Misguidedly, he appeared to dismiss the matter, declaring he wouldn't want to listen to three Somerset folk singers. Hobgoblin Music arguments: "Despite this misconception of the rich and varied culture of live music in the UK, at least the issue of getting the licencing laws changed has been brought up in Parliament." Protest actions are going on in the likes of the Musican's Union and the EFDSS. Hopefully, also this bizzare, anti-cultural law will be changed soon |
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