AN organ grinder and his toy monkey have been banned from

performing in the streets of a Derbyshire town due to concerns

over health and safety.

Ripley Town Council had to cancel summer holiday act Paddy

Cooke and his monkey Simon, who were due to perform in the town

centre, after being ordered to carry out a risk assessment.

The decision was made after licensing bosses at Amber Valley

Borough Council wanted to gauge if the pair posed a danger to

the public.

A Punch and Judy show and a dance act have also been shelved

in the past three weeks.

Mr Cooke, of Crich, wears Victorian costume as he walks

around playing his organ, a copy of an instrument used more

than 150 years ago.

The 64-year-old, a former fireman and usher at Alfreton

Magistrates' Court, has been grinding organs for 15 years

He said: “It's not as if I have a live monkey which might

jump at people. Mine is a battery-operated interactive toy and

the best I have ever had. He says things like 'I want a banana'

and even once offered to tell me the sum of pi squared.

“Simon is sometimes quiet and sometimes chatty. He's very

realistic but is no danger to anyone.

“I suppose someone might trip over a paving slab when

listening to the music and blame me but I have been doing this

for years without a problem.”

Mr Cooke, whose two sons are also organ grinders, was hired

as part of the summer entertainment provided by the town

council and has £10m public liability insurance cover. He is

also a member of the actors' union, Equity.

But before his July 26 performance, the authority received

orders from Amber Valley Borough Council which demanded to see

a general risk assessment before letting street acts go

ahead.

It wanted to study a list of hazards and know how they could

be made safe, and even how many people might watch the

shows.

Ripley Mayor Lynn Joyes said: “The risks are very low and

how do performers know how big an audience they'll get? That

depends on the weather. If it's raining you might get five, but

if the weather is nice, there'll be 105.”

Labour group leader Geoff Carlile said: “This is typical of

bureaucracy gone mad. This was sprung on us at the last minute

and left us in a difficult situation.”

The council was told the ruling also applies to dance

groups, clowns and brass bands, including the Salvation

Army.

Steve Freeborn, who represents Butterley ward, said: “What

is the risk – it's absolutely potty.”

But the borough council defended its decision.

Simon Gladwin, head of landscape services, said: “We always

require that anyone organising a public event or entertainment

on land managed by the borough council completes a risk

assessment.

“In cases such as this, where performers are unable to

supply a personal risk assessment of their activities, it is

the responsibility of the organiser to provide the risk

assessment.

“These are not required for every performer. We simply

require an assessment that takes into account the different

activities taking place in each location,” he said.

The town council's summer entertainments programme has now

been suspended until further notice.

It is hoped that a risk assessment can be completed within

the next seven days then sent to the borough council for

approval.

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