PUBS and clubs face having to let people in for free over the festive period because of an ancient law banning charging admission for dancing on Sunday.
Technically, under the Lords Day Observance laws, any club or public venue charging admission for dancing on New Year's Eve or on Christmas Eve will be breaking the law.
Unless the Government agrees to relax the 220-year-old Sabbath protection laws it could put pay to any celebrations involving dancing where admission charges would normally be made.
This would include clubs, hotels and public buildings such as the Corn Exchange in Devizes where there is traditionally a New Year's Eve disco. Pubs which run separate night clubs with an admission charge will also be affected.
Jerry Kunkler, who runs the Moonrakers in Pewsey and who is also a Kennet district councillor, said: "Frankly the law is a mess."
The Moonrakers, in common with all other pubs which are members of the Kennet Licensed Victuallers, has been granted an extension until 4am on New Year's Day morning.
Mr Kunkler said: "We do not need a variation in our public entertainment licence at the Moonrakers and we are all right under the Sunday Observance Act because we do not charge admission but it will hit the clubs."
Some clubs are considering staging a number of qualifying events which customers intending to attend New Year's Eve parties would have to attend in lieu of paying on the night in an attempt to get around the law. Others are considering forming clubs.
Simon Fisher, the public buildings manager in Devizes, said no events were booked for Christmas Eve but there was due to be a Seventh Heaven disco and live entertainment in the Corn Exchange on New Year's Eve.
Ian Matthews, owner of the Seventh Heaven disco, confirmed the Corn Exchange disco would be going ahead.
Mr Matthews said: "We are a members' club so fortunately for us this will not affect us. We have built up a membership of more than 2,000 members."
Kennet District Council's licensing sub-committee, which issues public entertainment licenses for public houses, hotels and clubs allows music-only entertainment with no dancing on Sundays. The Sunday Observance Act of 1780, which is currently under review by the Government, permits dancing on Sundays as long as no admission charge is required.
The committee, which meets tomorrow, is being asked to consider an amendment for New Year's Eve and for Christmas Eve, which also falls on a Sunday.
But officers have pointed out to members that even if Kennet relaxes its licensing regulations for those two nights the pubs, clubs and other public venues still face a ban on charging admission unless the Government also agrees to a relaxation for these two occasions.
The licensed trade's newspaper, the Morning Advertiser, says clubs which charge admission have been left in a dilemma of whether to call off events or run the risk of breaking the law.
A North Wiltshire District Council spokesman said it was up to police to take action against pubs and clubs which charged entrance fees.
A North Wiltshire police spokesman in Chippenham said his office was still awaiting instructions.
Malmesbury police station commander, Sgt Mike Franklin, had not received advice on the matter. He said pub and club owners should contact their solicitors or licensing justices.
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