Clowns in trumpet playing ban

A circus says that its clowns had been silenced by licensing regulations which banned them from playing their trumpets.

Zippos Circus said it was told by council officials that the show could not go on unless the clowns dropped the musical part of their act. The circus, which is currently performing in Birmingham, fell foul of the Licensing Act 2003 which forbids the playing of live music without a licence.

A spokesman for the circus said that Birmingham City Council officials warned organisers that the show was breaking the law and would be shut down unless it complied with regulations.

But proprietor Martin Burton said that applying for a licence was time consuming and expensive, and called for circuses to be exempted from the legislation.

Mr Burton said: "I'm a big fan of silent comedy but this is nonsense.

"Live music is an essential part of traditional clowning, and for us to be told that they can't play instruments, even in the three minutes of the show which features trumpets, is laughable.

"The Licensing Act came about to regulate binge-drinking in this country – something which incidentally it has singularly failed to do – and it is entirely inappropriate that circuses should be governed by it.

"Applying for licences takes an incredible amount of time, resource, our and the taxpayers' money, and we are currently trying to persuade the Government that circuses should be exempt from this ludicrous legislation. Let's hope they see sense."

The circus spokesman said that the show opened on Thursday in Birmingham's Balsall Heath area, and it was the only place the clowns' trumpeting had faced objections since the tour began in London in February.

Following the final night in Birmingham tonight, the circus will move to Sheffield from September 25, where it is hoped the clowns' trumpets will sound out once more. It is due at Longford Park in Cannock from October 9 to 14. Peter Luff, Conservative MP for Mid Worcestershire, said: "When the law silences the clowns, one wonders who the clowns really are.

"It would be very funny if it wasn't so serious for circuses. For a long time now, the Government has admitted the legislation is having a disproportionate effect on circuses. It's time for them to act and sort out this mess. Why should circuses be forced to walk a legislative tightrope every time they try and perform to family audiences?"

Jacqui Kennedy, Birmingham City Council's director of regulatory services, said: "Under the Licensing Act 2003 elements of the programme proposed by Zippos would fall into the category of regulated entertainment.

"On that basis such events would require either a licence under the Licensing Act 2003, or a Temporary Event Notice under the same legislation. Birmingham City Council do not condone unlicensed events."

"Birmingham City Council are committed to working with Zippos Circus on safe entertainment procedures to ensure that the spirit of the law is followed."