Further to this - and my own views, I have just discussed this with legal colleagues and I now think that the incidental exception is music incidental to some other activiety not in itself regulated entertainment - that other activiety need not be licenced activety,. so Howells piano in a restaurant is incidental, if it is not the main purpose. So if a comedian, (main purpose comedy - not yet licensed by new Labour) played a banjo (like Billy Connoly) incidental to his main purpose, not regulated entertainment for the music. Anyone still awake?
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