The Legalities of Glastonbury

1.LicensingFirst of all the organizers of Glastonbury must obtain a license for their event, this will be particularly of import if it is, as I understand that it is, their purpose to sell intoxicant at the event.

The present jurisprudence is chiefly governed by the Local Government ( Miscellaneous Provisions ) Act 1982, and in peculiar by the First Schedule to that Act. The commissariats in the 1982 Act have been well amended since it came into force ; in peculiar by the Fire Safety and Safety of Places of Sport Act 1987, s 43, the Entertainments ( Increased Punishments ) Act 1990, s 1, and the Public Entertainment Licences ( Drug Misuse ) Act 1997, s 1. Under paragraph 11 standard conditions may be prescribed. It is general to order conditions as to entree and fire safety every bit good as to maximal Numberss. The place sing fees for such licenses can be found in paragraph 7. A license will be required even for a individual juncture. One issue which may be raised is whether the music is non amusement but simply incidental to something else. This is expressly relevant in parts of the statute law and may be relevant in any event when the statute law comes to be applied. It is immaterial whether the amusement is for net income or non. Despite this, many people believe that there is a difference and without legal alibi are ignorant of the jurisprudence. In pattern charitable and non-profitable usage is often put frontward as an alibi for non-compliance and does impact the attitude of the prosecuting organic structures. The Act refers to public dance or music or public amusement of a similar sort. Many such maps are claimed to be private and it seems that prosecutions have non usually followed peculiarly if there is any uncertainty over the state of affairs and if they are non arranged for personal net income. There is of class a differentiation between a public advertizement and a public map, though the fact of public advertizement may good be relevant on an probe into the factual place. The flight path is the claim that they are restricted to those associated, nevertheless slackly, with the administration or community and their friends and dealingss and that they are non designed for people by and large.

Whether the amusement is public is a inquiry of fact. It has been decided that the signifier of a nine was non conclusive ; it was underlying nature of the facts which were of import [ 1 ] .

2.Contracts

The organizers of the event will necessitate to do contracts with assorted people. These will include everybody helping or partaking in the event from the entertainers to those individuals buying tickets to rubbish aggregators and to nutrient Sellerss and security staff. The general regulation of English jurisprudence is that contracts can be made rather informally and that no authorship or other signifier is necessary [ 2 ] . All formal demands in the jurisprudence of contract are contained in legislative acts that trade with specific contracts and no such legislative act exists in relation to amusement industry understandings. However there are certain regulations that must be adhered to whether the understanding is unwritten and or composing.

1 ) There must hold been an offer.

2 ) There must hold been an purpose to make legal dealingss.

3 ) There must hold been an credence of the offer.

4 ) There must hold been consideration.

There will of class specific issues sing rational belongings that will necessitate to be addressed in the contracts of the entertainers and I have dealt with these below.

3.Intellectual Property Rights

The contractual right of an person to be identified with an amusement merchandise, his right to have a recognition, can originate either from the express or the implied footings of his contract. Therefore the organizers must cover with this point expressly when making the contract

Many participants in the UK amusement industry, peculiarly in movie and telecasting, have formed themselves into associations or brotherhoods and established between themselves the minimal footings and conditions upon which their members will contract when covering with each other. The recognition place under assorted of the chief understandings applicable to movie and telecasting is given below.

The Copyright, Designs and Patents Act 1988 ( the Act ) will cover with the issues refering rational belongings, as most rational belongings issues will originate out of right of first publication.

Part I of the Act confers four separate moral rights ; violation of which is a breach of statutory responsibility, the right of paternity or, in the footings of the Act, the right of designation, and the right of unity.

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It is the first of these two rights that is relevant for current intents as the applicable commissariats of the Act confer on writers and movie managers, in a assortment of fortunes, the right to have a recognition with regard to their plants whenever they are exploited.

The right is conferred upon writers of right of first publication literary, dramatic, musical or artistic plants and managers of right of first publication movies. In wide footings the right arises, capable to assorted exclusions, whenever the right of first publication existing in the work or in any version of a literary, dramatic or musical work is exercised, provided that the right has been asserted.

Therefore, for case, in relation to a literary right of first publication work the right will originate, capable to that provision, every clip the work is broadcast ; [ so a screenplay author will hold the right to be credited as such every clip the movie using his work or its version ( state a foreign linguistic communication version ) is broadcast.

The Act confers rights on executing creative persons, and those with whom they have sole recording contracts, to forestall the industry and development of transcripts of the creative person ‘s public presentations without the appropriate consents first being obtained. Obviously any consent given by the creative person or individual with whom he has the sole contract can be conditional upon agreed credits being accorded to the creative person and that individual on the transcripts of the public presentations that are to be manufactured.

4.Health and Safety

At common jurisprudence, residents owed a responsibility of attention to visitants to their premises. The range of the responsibility varied depending on the category of visitant, with separate and distinguishable classs, e.g. licensees, guests, contractual visitants, etc. No responsibility was owed to intruders or improper visitants save in regard of knowing or foolhardy hurt.

The Occupiers ‘ Liability Act 1957

The common jurisprudence place was simplified by the Occupiers ‘ Liability Act 1957 ( “ the 1957 Act ” ) which introduced a statutory responsibility — the common responsibility of attention. The common responsibility is similar to the responsibility of attention in common jurisprudence carelessness, but there are differences, which is why residents ‘ liability is still treated individually for civil wrong intents.

The common responsibility replaced the old classs of responsibility that differed harmonizing to the position of the visitant. In short, under the 1957 Act, residents owe lawful visitants the common responsibility of attention, defined by s. 2 ( 2 ) of the Act as a responsibility to:

“ … take such attention as in all the fortunes of the instance is sensible to see that the visitant will be moderately safe in utilizing the premises for the intents for which he is invited or permitted to be at that place. ”

There is no definition in the Act as to who an resident will be. The taking instance specifying who is an resident is Wheat v. Lacon [ 3 ] where Lord Denning emphasised that the cardinal issue was the extent of control exercised over the premises. Wherever a individual has a sufficient grade of control over premises that:

“ … he ought to gain that any failure on his portion to utilize attention may ensue in hurt to a individual coming legitimately at that place, so he is an ‘occupier ‘ and the individual coming legitimately there is his ‘visitor ‘ . ”

An resident simply needs some grade of control: it is non necessary for him to hold full or sole control of the premises. Control may be shared with others. The 1957 Act is concerned with lawful visitants: those who are invited or permitted to be at that place. We will look at intruders and the Occupiers ‘ Liability Act 1984 ( “ the 1984 Act ” ) subsequently.

Section 2 ( 3 ) provinces:

“ The fortunes relevant for the present intent include the grade of attention, and privation of attention, which would normally be looked for in such a visitant, so that ( for illustration ) in proper instances —

( a ) an resident must be prepared for kids to be less careful than grownups ; and

( B ) an resident must anticipate that a individual, in the exercising of his naming, will appreciate and guard against any particular hazard normally incident to it, so far as the resident leaves him free to make so. ”

The tribunal can see all of the fortunes in finding whether the resident has taken sensible stairss to guarantee that a visitant is moderately safe. These can include how obvious the danger is, warnings, illuming, fence, the age of the visitant, the intent of the visit, the behavior expected of the visitant and the resident ‘s province of cognition. The trouble and disbursal of taking the danger is besides relevant.

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An occupier owes the common responsibility of attention to a visitant:

“ except in so far as he is free to and does widen, curtail, modify or except his responsibility to any visitant or visitants by understanding or otherwise [ 4 ] . ”

What does this mean? In short, an resident can except liability by mention to a notice, warning mark or contractual term. The occupier need non demo existent cognition on the portion of the visitant ; it is adequate that sensible attempts are made to convey it to the visitant ‘s attending.

Such a installation is of class topic to the Unfair Contract Footings Act 1977 ( “ UCTA ” ) which restricts the right of concern ( but non private or residential ) residents to except or curtail their liability.

Under s. 2 of the UCTA 1977, liability for decease or personal hurt ensuing from carelessness or breach of the common responsibility of attention under the 1957 Act can non be excluded.

It is adequate to demo that the occupier uses his premises for concern, even if the visitant is non sing for that intent.

The first point to observe is that the organizers must guarantee that they have public liability insurance in order that they are insured against any personal hurt, accident and the similar that may go on during the event and due to their carelessness.

The organizers of the event will besides be apt for any independent contractors that they employ. And will hold to take the stairss necessary to fulfill itself that the contractor is competent. This involves being satisfied that the contractor is sufficiently experienced and dependable to be entrusted with guaranting that members of the populace would be moderately safe. [ 5 ] This will include look intoing that they have public liability insurance.

5.Environmental Law – Noise Pollution

The chief statutory powers in England and Wales that have been given by parliament to local governments in order to battle noise pollution are to be found in the Environmental Protection Act 1990 ( EPA 1990 ) as amended and besides in some other Acts.

Under the statutory nuisance strategy created by Pt III of the EPA 1990, where a local authorization is satisfied that a statutory nuisance exists, or is likely to happen or repeat, it must function an abatement notice on the individual responsible for the nuisance under s.80 of the EPA 1990. An abatement notice may be drafted, at the discretion of the local authorization functioning it, so as ( 1 ) to necessitate the suspension of the nuisance or prohibit or curtail its happening or return, and/or ( 2 ) to necessitate the executing of such plants, and the pickings of such other stairss, as may be necessary to slake, curtail or take the nuisance. Failure to follow with the footings of an abatement notice without sensible alibi may ensue in prosecution in the magistrates ‘ tribunal.

Although enforcement may non ever come through a local authorization, as persons can besides take private enforcement action against statutory nuisances utilizing the process provided for in s.82 of the EPA 1990, we shall merely cover herein with enforcement mechanisms available to public governments, as the ECHR is, in rule, merely available in perpendicular relationships affecting public organic structures and private persons.

Equally far as noise is concerned, there is a statutory nuisance, harmonizing to ss.79 ( 1 ) ( g ) and ( tabun ) [ 6 ] [ of the EPA 1990, if noise ( or quivers ) emitted from premises or from a vehicle, machinery or equipment in a street can be “ damaging to wellness ” or amount to a “ nuisance ” .

The term “ nuisance ” is non defined in the Act and therefore 1 has to look at the common jurisprudence of public or private nuisance to find its significance.

Noise sums to a private nuisance if it is transmitted from the belongings of another and well interferes with the victim ‘s enjoyment of his belongings [ 7 ] .

A public nuisance is any nuisance “ which materially affects the sensible comfort and convenience of life of a category of Her Majesty ‘s topics ” and in measuring this “ it is sufficient to demo that a representative cross-section of the category has been so affected [ 8 ] “ .

Furthermore, noise is damaging to wellness when it is likely to do an hurt [ 9 ] . There are no instances concentrating on what that could be, but it has been suggested that this should include sleep upsets and cardiovascular upsets.

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When there is grounds that a statutory nuisance exists, so local governments have a statutory responsibility to make up one’s mind whether on the balance of chances there is a statutory nuisance, and if there is so the local authorization has a statutory responsibility to take abatement action [ 10 ] .

Although the EPA has created the above-named compulsory statutory responsibilities for local governments to take abatement action if a statutory nuisance is proven to be, the EPA 1990, in line with s.265 of the Public Health Act 1875, expressly confers immunity from civil liability non merely on members and officers of local governments personally, but besides on the authorization itself, provided they have acted in good religion in dispatching their responsibilities under the EPA 1990. Paragraph 5 of Sch.3 to the EPA 1990 provides that “ Nothing done by, or by a member of, a local authorization or by any officer of or other individual authorised by a local authorization shall, if done in good religion for the intent of put to deathing Part III, capable them or any of them personally to any action, liability, claim or demand whatsoever… ”

Undoubtedly, this proviso expressly excludes a civil action for breach of a statutory responsibility originating under Pt III of the EPA 1990, if the authorization has acted in good religion. No counsel is given in the EPA 1990 of how the good faith/bad religion differentiation is to be drawn, and there are no reported instances that had to see this proviso. One could, nevertheless, look for counsel in the really similar s.265 of the Public Health Act 1875. It seems though that bad religion would include an component of dishonesty. This seems to bespeak that the lone liability actions that would non be barred would be the 1s based on the civil wrong of misfeasance in public office. This civil wrong arises when an official individual has intentionally acted in the cognition that what has been done is improper and likely to do harm, or when he intentionally acts in a manner to wound [ 11 ] . [ This civil wrong is therefore of really limited aid, as it is highly hard to turn out the province of head of the targeted functionary and, in any instance, most illegal actions of local governments would non be caught under this civil wrong.

It is highly ill-defined whether these statutory commissariats restricting civil liability besides provide unsusceptibility from actions based on carelessness and if so, to what extent. In any instance, it is clear that the aforesaid proviso of the EPA 1990 is highly restrictive and, in pattern, about wholly prevents local governments from being held apt for a breach of their statutory and other responsibilities originating under the Act.

Furthermore, since the powers and responsibilities of local governments in respects to nuisance are defined in the EPA 1990, it can be contended that the above-named statutory restriction can non use when they act outside the scope of these statutory powers. Such an illustration would be when an environmental wellness officer gives negligent advice to person about the operation of the Act [ 12 ] .

Bibliography

Cases

Attorney-General V PYA Quarries Ltd ( No.1 ) [ 1957 ] 2 Q.B. 169

Murdoch V Glacier Metal Co Ltd [ 1998 ] Env. L.R. 732

Panama ( Piccadilly ) Ltd V Newberry [ 1962 ] 1 All ER 769

R. V Carrick DC Ex p. Shelley [ 1996 ] J.P.L.

Three Rivers DC v Bank of England ( No.3 ) [ 1996 ] 3 All E.R. 558

Welton v North Cornwall DC [ 1997 ] P.N.L.R. 108, CA

Legislation

Copyright, Designs and Patents Act 1988

Environmental Protection Act 1990

Entertainments ( Increased Punishments ) Act 1990

Fire Safety and Safety of Places of Sport Act 1987

Residents ‘ Liability Act 1957

Residents ‘ Liability Act 1984

Public Entertainment Licences ( Drug Misuse ) Act 1997,

Unfair Contract Footings Act 1977

Books

Bainbridge, D. ( 1998 ) Intellectual Property, Pitman, 4th erectile dysfunction.

Bainbridge, D. ( 1998 ) Intellectual Property – instances and stuffs,

Carey, P. ( 2003 ) Media Law, Sweet & A ; Maxwell, 2nd erectile dysfunction.

Carey and Verow ( 2002 ) media and amusement Law, Jordans

Cook and Oughton ( 1993 ) Common Law of Obligations, Batterworth, 2nd erectile dysfunction.

Clark, J. ( 1996 ) Law of Torts, Pitman

Kemp, C, Hill, I ( 2004 ) Health and Safety in the

Live Music Industry, Entertainment Technology Press

Smith and Keenan ( 2001 ) English Law, Longman.

Stranks, J. ( 1998 ) Health and safety Law, 2nd erectile dysfunction.

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