ORGANISERS of the Up4It stage for young people at this weekend's Colne Rhythm and Blues Festival have been told they may be breaking the law playing music after 9pm.

Residents living no more than 200 feet from where the stage has been built at the junction of Church Street and Great George Street have been protesting for 12 months about the amount of noise it creates.

And only days before this year's event they have discovered a section of the Control of Pollution Act which states that no loud speaker can be operated in a street between 9pm and 8am for any purpose.

Protestor Jan Hubbard said: "The only way this can be changed is if the council adopts a schedule two under the Noise and Statutory Nuisance Act of 1993. Consent can then be granted past 9pm but Pendle has not done so.

"We pointed this out to its solicitor Philip Mousdale and he confirmed our facts. He said he would write to the organiser. Anyone who runs a music festival has a duty to research the law. It's disgraceful.

"Last year the noise carried on until 11.30pm and it was a constant, pounding din. The council said only three people complained to director of services John Kirk but they were the only ones who knew who to write to. Our petition had 157 names and proved what people really thought."

Organiser Brian Holmes said he had spoken to Mr Mousdale but had not yet received a letter. He said: "It's a bit late in the day. The stage is up and the programme in place.

"This event is funded by the Colne and District Area Committee of Pendle Council, the police and Pendle Leisure Trust. "We were asked for a second year to provide a focus for young people to prevent the previous year's problems when it was labelled the Rhythm and Booze Festival.

"We have co-operated very closely with the council and police in terms of road closures and health and safety requirements and know the Colne committee members want the event to go ahead. I don't know what else we can do.

"I am not a legal person but as the roads have been closed for the event, can it still be classed as a street? I would have thought it would be outside that criteria. Had I known I had to apply for special consent, I would have done so. As the council is backing the event, it would surely have given approval."

Mr Mousdale confirmed he had sent a letter to Mr Holmes informing him of the new development.

He said: "Jan Hubbard raised the point and we have made Mr Holmes aware of it. It is only fair to tell him. If he went beyond 9pm the council does not have the power to stop him but, if there were complaints afterwards, we would have to look in to it."