CAMPAIGNERS against the introduction of licence charges for free exhibitions have warned any disparity in interpreting the law between local authorities could mean artists presenting their work outside Glasgow in the future.
They cautiously welcomed Glasgow's decision to "ignore" the law until the autumn but said that, when charges are eventually brought in, artists could choose to exhibit elsewhere to avoid the fees.
Yesterday, The Herald revealed Glasgow City Council's licensing chief has declared Scotland's largest local authority will not put the controversial Criminal Justice and Licensing (Scotland) Act of 2010 into effect until six months after it becomes law on April 1.
The city will conduct a review and consult on public entertainment licences and how they affect the creative community.
Campaigners fear that if other local authorities, such as Edinburgh, decide to exempt free events then artists will exhibit there rather than in Glasgow.
There has been dismay over the implications of the act for the licensing of small-scale, temporary, free artistic or music events and the effects, financial and creative, of having to apply for licences for events previously free of such obligation.
The Herald last week revealed anger at changes to the Public Entertainment Licence law in the Act, which meant that from April 1 temporary free exhibitions or shows in Glasgow would need a licence costing between £124 and £7500.
This will be put on hold for six months, with Glasgow City Council's Frank Docherty, chair of the city's Licensing and Regulatory Committee, planting the blame on the Scottish Government who, he said, had "done nothing to help clear up the mess it created".
Yesterday, Kris Haddow, a playwright and performer and one of the organisers of a petition against the charges – with close to 10,000 signatures – said he was pleased at Glasgow's actions.
However, he added: "It is a temporary reprieve, and question marks will hang over small businesses during the consultation period until they find out if their exemption will continue.
"Since taking the campaign national, several councils have confirmed they intend to immediately exempt free events.
"Such disparity between areas is a cause for concern, and could result in artists and organisations being forced to present their work outside Glasgow to avoid any future risk of paying tax on their art."
Stephen McGowan, director of Licensing at Lindsays law firm, described Scotland's licensing law as "an absolute minefield".
He said: "Some authorities may insist on licences but charge no fee; while others may provide exemptions or discounts."
Councillor Docherty said: "The Scottish Government choose to ignore our advice on this matter before. This week it has done nothing to help clear up the mess it created. In fact it doesn't even seem to understand what the law says. So I am going to propose we take matters into our own hands.
"Just as our sensible advice was ignored, I now say we should ignore its badly thought-out law. What this would mean is that public entertainment events in Glasgow will continue to be handled in a way that they have been for the last 30 years.
"Where there's payment to get in to a commercial event, a licence will be required. Where there's a temporary event that is free or non-commercial, no licence will be required.
"This is an approach that will be in place for the six months from April 1 while we undertake a review and consult on public entertainment licences."
However, senior Scottish Government figures, including deputy First Minister Nicola Sturgeon, laid blame for the furore on the council and its interpretation of the new law.
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