I accept that there is concern, although in my view a lot of the worries that local authorities rightly have can be addressed through environmental health legislation, for example. Actually, the practice of local authorities is also giving rise to concern, because even those venues that have taken advantage of the Act and applied for an entertainment licence are finding that the conditions being imposed are in many instances draconian.
I do not know if the Minister is aware of the survey done by the Welwyn Hatfield Live Music Forum on the actions of just one council—St. Albans district council—which, I am afraid to say to the three hon. Members to my left, is a Liberal Democrat-controlled council. The survey showed that, of 85 pubs in the St. Albans district,""30 have restrictions on the number of musicians who can perform…45 have restrictions on the regularity or frequency of musical performances""
and""4 have a restriction on the genres of music which can be performed…1 pub has to display a suitable and conspicuous notice advising the residents of forthcoming live music events""
and""1 has a restriction on indoors Morris Dancing","
which is specifically excluded from the Act as a result of an amendment agreed to during its passage, so that is an illegal requirement.
I will not mention the full list, but I will just give one example. Clarence park in Clarence road, St. Albans, is subject to a licence with conditions running to more than 2,000 words. The associated event risk-assessment form runs to another three pages. St. Albans district council states, in its licensing policy:""The policy does not provide for any standard conditions to be imposed to avoid the imposition of disproportionate and burdensome requirements.""
There is concern that local authorities are going way beyond what is required under the Act. I fear that St. Albans is not unique in that. That, too, was a matter of concern to the Committee.
To redress the balance slightly, I thank the Liberal Democrat peer, Lord Clement-Jones, who has introduced a Bill in the House of Lords that seeks to implement the Committee's recommendations in this area. I hope it is successful.
Licensing Act
Proceeding contribution from
John Whittingdale
(Conservative)
in the House of Commons on Thursday, 22 October 2009.
It occurred during Adjournment debate on Licensing Act.
Type
Proceeding contribution
Reference
497 c318WH 
Session
2008-09
Chamber / Committee
Westminster Hall
Subjects
Librarians' tools
Timestamp
2023-12-05 22:30:04 +0000
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