From: GRAHAM CLARK [graham647@btinternet.com]
Sent: 22
November 2007 12:05
To: Reg Caseley; Brian Clewlow; Pam Curry; Colin
Ford; Clive Free; John Hearn; Norma Horne; Andrew Nix; Blackpool Organ Society;
sue@netrhythms.com; Beau Webber
Subject: Public Entertainment
Licensing Act (2003) - Update
Hi, everyone,
You will recall that paper Petitions were submitted to the House of Commons
towards the end of 2006 - 3 "went missing" in the House of Commons Post
Room and subsequently, 79,904 people signed up to the e-Petition at No 10
Downing Street calling for urgent reviews for less burdensome
licensing legislation.
After 15 months involvement as a campaigner, I have now decided to
call it a day. Why?, I hear you ask. Quite a few reasons!
None of the contacts made to the Government (except for the superb
assistance I have had through my own MP), the BBC Regions and the
National press have had the courtesy to respond - surprise,
surprise. The DCMS have repeatedly given "stock answers" to every valid
question raised and all answers to date can only be described as
repeated contradictions in terms.
Why is this Act illegal? Lord Lester of Hearne Hill - Peer and QC -
specialising in human rights - warned the Government in July 2003
(Hansard) that the Act would be in breach of Section 10 of the European
Court of Human rights based on proportionality and cultural bias vis-a-vis
live -v- recorded music. The Government chose to ignore his -
and other -Governmental Committee's warnings.
In 2000, the Government stated that because "more than 1500 fires in
clubs and pubs in England and Wales" this was the primary reason for drawing up
draft legislation. This statement was false. The National Statistics
Office have failed to keep accurate fire records for the past 7 years.
1. 789 fires in England and Wales were recorded
as malicious with no fatalities.
2. No fires could be attributed to electrical faults in
musician's instruments or amplifiers.
At the same time, the Government said that it wanted the Act to be a
deterremt against small live bands and to bring the Licensing regime under one
roof, i.e., instead of applying to a local Magistrate's Court, it decided to
incorporate 9 additional Local Authority bodies to "save
taxpayer's money". The Government have since admitted that taxpery's money
has not been saved.
1. The Government's deterrent aimed at live bands worked.
2. We have lost 40% of our small venues.
3. The Live Music Forum have recently recommended (a) fast tracking
the licensing application procedures and (b) that "Ministers should robustly
censure the small minority of those licensing authorities which, knowingly or
otherwise, have developed repeated patterns of heavy handed, negative
decision-making which are contrary to both the letter of the law and the spirit
of Section 182 Guidance". The Government themselves are guilty of
heavy-handed legislation - but they won't put their hands up and admit that they
got it wrong.
4. Professional live musicians are losing jobs and income.
5. We have lost our rights to freedom of expression.
We are well on the way to losing cultural, tradition and heritage forever.
Aren't we supposed to be living in a multi-cultural, multi-racial society and
help to bring about social integration and cohesion?
6. The Government are still refusing to answer why they have banned
Christmas music with the exception of "only music with religious content".
7. Thousands of live musicians are cancelling plans leading up to
Christmas which would have raised a great deal of money for needy
charities.
8. In the 2006 MORI Poll, 45% of complaints related to domestic
music. The 7% of complaints re live music was, in the absence of National
data, equally proportioned to 3.5% respectively.
9. The Government's Policy Statement targets cannot possibly be
acheived whilst loud, recorded music and huge screens are permitted - free of
charge - in town and city centres. This certainly does nothing, for
example, to help protect children from harm.
10. What about all our younger generations who are enjoying studying
(and whose parents are paying for them) to become professional musicians,
singers and dancers?
11. What about all our wonderful community and village halls now
grossly under-used? What a waste of taxpayer's money.
12. Gone are the days when families and friends could meet
regularly in a community venue or a school to enjoy dancing to live
music and be entertained. Today, extortionate costs for licences and
tickets is putting people off. Selling alcohol and even making a small
profit to cover expenses is illegal. Alcohol abuse is up by 15% this
year, placing every increasing financial demands on the police, ambulance
services, hospitals and courts. Musicians are the innocent party in all
this and we are all suffering as a result.
This year, the Government and the DCMS announced that "the Act
has had a neutral effect" - so they invited the Chairman of the Live Music
Forum, Fergal Sharkey, to travel around England and Wales to CHALLENGE
LOCAL AUTHORITIES TO PROMOTE LIVE MUSIC - AT THE TAXPAYER'S
EXPENSE.
With the list of the Government's horrendous failures increasing day
by day, I feel that for little old me me to continue applying
pressure on this Government to bring about changes to the PEL Act
will end up even nearer the bottom of the ever-growing pile of
national concerns. I've hit a brick wall - so have taken the
decision not to continue - until such time as we have a Prime Minister
with a Government that will start listening to our concerns and either
make this legislation fair for all or, better still, abolish it.
This legislation is not a European Directive.
I have also regret to inform you that I have now lost user access to
edit and update my
www.keeplivemusic.co.uk website but
you can, if you have a few more moments to spare, please take a look at it -
then all will not be in vain!
A number of issues and questions have been submitted to James
Purnell MP, The Secretary of State for Culture, Media and Sport. I have
yet to receive any response, The Government is due to make a public
statement towards the end of this year - presumably on the DCMS web site or The
Live Music Form web site.
As you can imagine, having invested a great deal of effort, time
and money in to this project, I feel that maybe someone out there with
a famous name could attract the attention of the Government, media and
press more than I. If you feel you would like to carry on - or you know of
someone higher up that "famous people ladder", I'll be more than happy to pass
on all my information and evidence in support.
May I take this opportunity of thanking you all for your support and
encouragement to date. I have had the pleasure of meeting so many,
really supportive, live music friends during my involvement
and now is the right time to say a huge "thank you". I have
absolutely no regrets getting involved. I'm glad I did - but now I feel
the time right time to "hand over" and move on.
Yours in Live Music
June Clark