WHEN the Doo-Dah Band struck up its skiffle music in a hotel courtyard on a summer evening, it proved a hit with nearly everyone in the audience.

Except for the council officer attending the show. A stickler for health and safety regulations, he concluded the hotel had broken the law by using four musicians instead of two.

As a result, Peter Bowes, licensee of the Crown hotel in Lynton, north Devon, was prosecuted for an alleged breach of regulations requiring him to have a separate licence and to install a raft of safety measures, including access routes for emergency vehicles, when hosting more than two musicians.

Magistrates rejected the claim that there might be an adverse effect on health and safety. But the case is unlikely to be a deterrent to Britain’s army of inspectors and environmental health officers, whose job it is to apply the ever-growing number of rules and guidelines from the Health and Safety Executive (HSE).

New figures reveal that 13,263 enforcement notices were issued by the HSE across Britain in 2002-3; a rise of 49% on the total for 1997-8.

Concern about the zealousness of the HSE was highlighted last year after it emerged it had issued “improvement notices” on ambulance trusts for failing to properly brief staff on how to handle patients.

In the same year the HSE also charged the Metropolitan police with breaching safety laws after two officers in separate incidents fell through roofs while in pursuit of criminals. David Willetts, shadow work and pensions secretary, dismissed the action as “ludicrous bureaucracy”.

The influence of the HSE reaches into every corner of the country. Almost every aspect of modern living comes under the scrutiny of local authority inspectors, including playing in the local park or going for a walk.

In Blackburn, Lancashire, pupils have been banned from picking up “innocuous-looking litter” around a number of schools in case it contains broken glass, needles or dog faeces. Last week, Blackburn with Darwen council said gloves or other equipment would now have to be used.

“We are not saying litter shouldn’t be removed — just that children need to be careful and look at safe ways of handling it, such as using litter grabs or other suitable equipment,” said a spokeswoman.

Children in the same area who preferred to go to the swimming pool rather than the park were also unable to escape the local bureaucrats. The council has banned the backstroke during busy periods to avoid collisions.

In Bognor Regis, West Sussex, children have been told they have to wear hard hats during donkey rides along the promenade. The local council said it took the decision after advice from the HSE.

“If anyone is riding a bike on the promenade you would wear a safety hat. Even though a donkey is not as fast as a bicycle, it could still be dangerous,” said a spokeswoman for Arun district council.

Earlier this year, Suffolk county council banned hanging baskets on lampposts after advisers told them the 46lb arrangements could fall on passers-by — even though there was no documented case of such an accident ever happening in Britain.

In Norwich, council officers famously threatened to chop down horse chestnut trees because they feared children could be injured by conkers.

In London’s Hyde Park the Diana Princess of Wales memorial fountain was shut down after three people slipped and hurt themselves. The Royal Parks said the fountain would be cordoned off until an independent health and safety investigation had been completed.

Health and safety officers say many of the measures are needed not just to protect public health but also to ward off possible compensation claims.

Last week Lord Phillips, the second most senior judge in England and Wales, hit out at the growing “compensation culture” that is forcing local authorities to clamp down on everyday leisure pursuits.

Bowes, the hotelier from Lynton, is unimpressed by the zealousness of many health and safety experts. “It beggars belief that they launched a sting operation in my case. I can’t believe that two men (joining the band) playing a washboard and a tea-box bass contravenes health and safety laws,” he said.

However, North Devon council said it had acted under the guidance of health and safety regulations. Andrew Millie, assistant environmental health manager, said: “Someone who is making profit by inviting people into their premises has legal obligations with regard to the safety of those people.”

The HSE said last week it supported authorities in their decisions: “There is a partnership agreement between the HSE and local authorities which, in line with its overall strategy, is built around improving current standards of health and safety.”

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