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| THE PEL LAW IN THE UK - is it Killing Traditionl Music? |
| Somerset Hell for Singers David Heath MP (Lib Dem, Somerton & Frome) has secured an adjournment debate on reform of public entertainment licences in the House of Commons on Wednesday 27 February: http://www.publications.parliament.uk/pa/cm/cmfbusi/20225a01.htm This is, I believe, the first time PELs will be the subject of a timetabled House of Commons debate. It was David Heath's question in the Commons on 3 December that provoked the now notorious comment by Junior Culture Minister, Dr Kim Howells: '...For a simple urban boy such as me, the idea of listening to three Somerset folk singers sounds like hell...' Mr Heath had pointed out: '...Does the Minister not recognise that live music in pubs and inns has the potential to make a major contribution to tourism in rural areas, which we have already said we want to promote?' It was odd that Dr Howells did not take the opportunity to develop this important point. A few weeks earlier he had remarked: '...Somebody told me the other they had calculated that even in remote areas the hospitality industry and the tourism industry between them is worth four times that of farming, and many times that in terms of employment. So it is absolutely essential, I think, that we do not sit back, we do not delay too far on this but we say "Let us see how we can help the industry by deregulation"...' [Select Committee hearing on licensing deregulation, 16 October 2001] In fact, deregulation as a means to remedy the absurd iniquities of two-in-a-bar was rejected some years ago. Meanwhile, all the Government will say about a new licensing Bill is that it will be presented 'as soon as Parliamentary time permits'. The full text of the 3 December 2001 House of Commons exchange is as follows: Music (Licensed Premises) Mr. Kelvin Hopkins (Luton, North): When she [Tessa Jowell, Culture Secretary] will introduce legislation to abolish the restrictions on the numbers of musicians permitted to play together in licensed premises? The Parliamentary Under-Secretary of State for Culture, Media and Sport (Dr. Kim Howells): We intend to present a Bill to reform and modernise the alcohol and public entertainment licensing laws as soon as parliamentary time permits. However, there is no current restriction on the number of musicians who may play together in licensed premises if the licensee has first obtained an appropriate public entertainment licence. I am aware that obtaining such licences can be a prohibitively expensive business in some local authority areas, because of the attitude of those authorities. Mr. Hopkins: Many thousands of part-time and professional musicians who wish to play and entertain in pubs and restaurants, and millions who wish to listen to them, find that that is not possible because of the current restriction - the two-in-a-bar rule. Is it not nonsensical that a quiet jazz piano trio or a string quartet may not play in such premises, while a loud karaoke machine or discotheque may operate in them? Dr. Howells: I entirely agree. We want to make licensing a much simpler, less bureaucratic and cheaper process, so that there is no deterrent to seeking the appropriate licences. It is obvious that the legislation badly needs to be updated: it dates back to the mid-1960s, when I suppose an acoustic-guitar folk trio made a good deal less noise than one person with a loud amplifier. Mr. Crispin Blunt (Reigate): If the legislation needs updating so badly, and given that legislation modernising licensing laws was promised to the electorate in the Labour party manifesto, why did that proposed legislation not appear in the Queen's Speech? Dr. Howells: Because this Government were elected to improve public services. Those were the Government's priorities, as we made very clear, and they are the priorities that we have stuck to in our legislative programme. We hope very much that there will be space for a Bill allowing us to make these reforms, and that it will be announced in the next Queen's Speech. Mr. Tony Banks (West Ham): Are we not living in a much nicer world when we can listen to music rather than having to face the music, as we have to here from time to time? Will my hon. Friend look again at the restrictions on buskers on the underground and at British Rail stations? They add to the enjoyment and gaiety of life, but so often they are moved on. Can we not view the situation in a proper way, so that the buskers can earn their living and we can all enjoy their performances? Dr. Howells: I do not believe that that would be part of a reform of licensing Bill, but it is an interesting thought. Some extremely dreary public places are enlivened by the activities of buskers. Mr. David Heath (Somerton and Frome): Is it not ridiculous that, in the unlikely event of Michael Jackson and Madonna teaming up to do a gig down the local pub, they could so, yet three people singing Somerset folk songs would not be able to do so? Does the Minister not recognise that live music in pubs and inns has the potential to make a major contribution to tourism in rural areas, which we have already said we want to promote? Dr. Howells: We are straying into very dangerous territory. For a simple urban boy such as me, the idea of listening to three Somerset folk singers sounds like hell. Having said that, the hon. Gentleman is right: music does enliven many pubs and restaurants. It should thrive. Silly rules are preventing it from doing so. NB: The term 'silly' is something of an understatement for rules that have destroyed hundreds, if not thousands, of gigs. A breach of the 'silly rules' constitutes a criminal offence for which the maximum penalty is a six month jail sentence and a £20,000 fine. Local authority threats of prosecution are common. |
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