Date: 2021-09-10 11:59 am (UTC)
channelpenguin: (Default)
From: [personal profile] channelpenguin
As the Music Venues Trust point out, there is no definition of "nightclub" that distinguishes it from many many other venues and events where people drink, listen to music and dance. Previous attempts to prodcude such a definition in connection with the night time economy have failed.

ScotGov would be better (infinitely less ambiguous and unfair) pulling a France and saying "vaccination proof everywhere that isn't a food shop"

Date: 2021-09-10 02:09 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam
I'm not sure what's wrong with the dictionary defination of nightclub for these purposes. Ordinary words used in their ordinary way is a pretty decent starting for statutory interpretation. And the context of this is a public health measure designed to limit particulalarly risky behaviour to those least likely to be impacted by it.

I'd approach it by drafting the legislation to say "nightclub or such other similar venue",set up a tribunal to judge edge cases, write to all venues that the government thinks are nightclubs and tell them that they've got a week to apply to the tribunal for a declaration that they aren't nightclubs but the measures will apply to them until they actually have this declaration.

At some point the Scottish Government might have to pay some edge cases some money but a) a small price to pay and b) buys some time create a definative register of nightclubs with a bit of carrot and stick to make sure the right places end up on them.

I wouldn't worry too much about including or excluding a few places on the margin.

But also the French approach would work.

Date: 2021-09-10 02:45 pm (UTC)
channelpenguin: (Default)
From: [personal profile] channelpenguin
  1. They had MASSIVE issues with this definition before.
  2. What is the fundamentally risky ACTIVITY? If the same activity is not also under the same regs at a different event (e.g. wedding, band in a pub, karaoke) then the regs are inconsistent and unfair. Plus people will just do music+drink and dance at other venues that aren't.
Edited Date: 2021-09-10 03:08 pm (UTC)

Date: 2021-09-10 04:18 pm (UTC)
danieldwilliam: (Default)
From: [personal profile] danieldwilliam

I don't think the purpose of the legislation is to regulate nightclubs. I think the purpose of the legislation is to encourage 20-somethings to get vaccinated before they go out by making them worry they won't get in to a nightclub.

It only needs to mostly work for about 3-6 months - which is time enough to sort out registers or tighter definition.

Date: 2021-09-10 03:31 pm (UTC)
original_aj: (Default)
From: [personal profile] original_aj
I doubt there is any record which would make it easy to assemble a list of places which would be considered nightclubs. They need to come up with a clear definition which does not result in many edge cases, or the number of vcnues arguing the toss will be huge and make administration a huge overhead. The legal and administrative costs could be enormous if they get it wrong.

I'd go with something like any venue where people are not seated all the time except when entering, leaving or going to or from the toilet, in suitably spaced seating. With spot checks to make sure the venues enforce it.

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