A test case concerning the right of the Rugby Football Union (RFU) to hold concerts at its famous Twickenham stadium moved to Londons Court of Appeal yesterday. The case could have major implications for the music industry and owners of stadium venues throughout the country.
The RFU is challenging a High Court decision refusing to grant a certificate of lawfulness of proposed use in relation to use of the stadium as a concert hall for concerts open to the public.
The challenge centres on the provisions of the Town and Country Planning (Use Classes) Order 1987.
The High Court ruled that Twickenham stadium could not be viewed a “concert hall” under provisions of the 1987 Order because it was not enclosed.
In reaching this decision, the High Court judge had to decide when a venue holding concerts was to be viewed, in the eyes of the law, as a concert hall. He decided that the answer was: when the venue had a roof.
In the Court of Appeal today, Christopher Lockhart-Mummery QC, counsel for the RFU, argued that the judges approach was “wrongly driven by the reference to the physical characteristics of the site or premises involved”.
He claimed that the holding of concerts performed by professionals and attended by the public, “constituting the overall recreation of public musical entertainment”, fell “comfortably” within the overall heading to Class D2, “assembly and leisure”.
Rugby Football Union v Secretary of State for Transport, Local Government and the Regions and another Court of Appeal (Schiemann and Longmore LJJ and Ferris J) 17 July 2002.
Christopher Lockhart-Mummery QC and Thomas Hill (instructed by Denton Wilde Sapte) appeared for the appellant; Tim Mould (instructed by the Treasury Solicitor) appeared for the first respondent; the second respondents, Richmond Upon Thames London Borough Council, did not appear and were not represented.
PLS News 18/7/02
