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| THE PEL LAW IN THE UK - is it Killing Traditionl Music? |
| February 28th 2002 By Alexa Baracaia LIVE MUSIC FACES GRAVEST THREAT Traditional live music and talent nights in pubs and clubs across Britain face potentially the most serious threat to their future following what campaigners call a "disastrous" ruling on public performance by the High Court. The surprise judgment last week - which upheld the criminal conviction of a landlord who hosted a singalong night - means that managers of all non-public entertainment licensed venues in which more than two people perform during the course of opening hours are breaking the law. Musicians' Union assistant general secretary Bob Wearn denounced the decision as "ludicrous", adding:- "It would now be a criminal offence for the 95% of non-licensed bars in this country to allow one singer to replace another in a duo. "It is a nonsense, this further underlines the need to review these stupid laws. It has terrible implications for unlicensed folk clubs and, indeed, for all musicians". It follows the attempt by Southwark pub landlord Sean Toye to appeal against an earlier crown court ruling which found that he had acted illegally in failing to apply for an entertainment licence to host a karaoke and quiz session. High Court judges Mr. Justice Forbes and Lord Justice Keene said that as the karaoke machine used a midi-file, or synthesiser, it was outlawed for use without a licence. The ruling also applies to musicians accompanied by synthesiser keyboards or electronic drum machines. Their decision also to overturn the court's more lenient definition of the so-called two in a bar limit on performers- contained within the 1964 Licensing Act - came as an added blow following the admission by government ministers last year that the law is unduly harsh and will be relaxed. Campaigner Hamish Birchall said the historic ruling would "reverberate around thousands of pubs and clubs nationwide". Liberal Democrat MP David Heath was due to raise the issue in Parliament this week. Karaoke machine manufacturer Jonathan Blackburn, who has bankrolled Toye's case, said:- "The 1964 act may be outdated but at least the spirit of it allowed people to have small-scale entertainment in a pub. "But they have just twisted the law so that if you have traditional pub entertainment you could get a criminal conviction." |
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