6.Letter from Department for Culture,
Media and Sport Lawyer, to the Legal Adviser
LICENSING
BILL
I attach the tabled Government Amendment in relation
to clause 134 (unauthorised licensable activities). The effect
of the provisions In the tabled amendment will be to ensure that
an individual whose involvement (if any) in the provision of regulated
entertainment is solely confined to his performance, participation
as a sportsman and so forth will not be susceptible to committing
the offences provided in clause 134. However, it, say, the performer
is also the organiser, or one of the organisers of the entertainment
then he will be susceptible to committing an offence.
This position, prima facie, reflects the current
position for performers under public entertainment licensing law,
However, and as I mentioned you, there has been surprising case
law in this area where a performer has been found guilty of an
offence by reason of his taking part in the event. As with all
these matters, and as you would expect, the precise facts of the
case probably influenced the decision of the court (if my recollection
serves me ok it concerned an illegal rave).
So the position under current law concerning performers
is confused and we hope that the amendments we have tabled will
remove any ambiguity and restore, under the new licensing regime,
an unambiguous position for performers and the like.
As I mentioned to you It is not the case and it has
never been the case that a performer needs a licence to perform.
I remain surprised at the Report of the Committee
in relation to clause 134, particularly having regard to the due
diligence defence in clause 137, but I hope that the amendment
we have proposed will address their concerns.
21 February 2003
Annex
Clause 134
THE BARONESS BLACKSTONE
Page 74, line 9, at end insert—
'(1 A) Where the licensable activity in question
is the provision of regulated entertainment, a person does not
commit an offence under this section if his only involvement in
the provision of the entertainment is that he—
(a) performs In a p1ay,
(b) participates as a sportsman in an indoor
sporting event,
(c) boxes or wrestles in a boxing or wrestling
entertainment,
(d) performs live music,
(e) plays recorded music,
(f) performs dance, or
(g) does something coming within paragraph 2(1)(h)
of Schedule 1 (entertainment similar to music, dance, etc.).
(1 B) Subsection (1A) is to be construed in accordance
with Part 3 of Schedule 1."
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