Joint Committee On Human Rights Seventh Report

6.Letter from Department for Culture, Media and Sport Lawyer, to the Legal Adviser


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


Clause 134


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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