It is morris dancing or any DANCING of a similar nature, or a performance of unamplified live music as an integral part of such dancing - that is exempt.

Not sure why this dancing is exempt - but there appears to be nothing to explain it or any reference to the word 'tradition'.

Clearly a play is not exempt - not even poor old Punch and Judy. But is mumming a play?

This 'guidance' from the DCMS website is of questionable use as it tends to futher confuse rather than provide a guide as to how the words of the Act should be taken - but it may give some support for an argument that mumming may not be a licensable play.

It may be possible for a non-licensee to pay and apply for a TEN for mumming their pub - but perhaps it would be better for all concerned if it did not need to be licensed at all.

Will Re-enactment Societies require a licence?

This would depend on the precise nature of the specific activity being carried out. If the re-enactments are dramatic pieces in which what is done by the persons performing (whether by way of speech, singing or action) involves them playing a role in the presence of an audience for the purposes of entertaining that audience then they would come within the definition of a "play" under the Licensing Act. If they are then performed for the public or for a charge and with a view to profit, or for the members and their guests of a qualifying club, a licence would be required unless an exemption applied.

If the re-enactment was staged purely for the enjoyment of those taking part and not for the purpose of entertaining an audience, no licence would be required. It is the same for masquerades and other forms of role playing (depending on the nature of the masquerade, there may also be a performance of a dance). The existence or otherwise of a script will not affect whether what is done falls within the definition of a "play" under the Act.

The main and perhaps the only question that needs to be answered for all the activities that could now be considered as Regulated Entertainment boils down to one: Is it is for the purpose of entertaining an audience? Is munmming for this purpose?

Morris dancing is certainly for this purpose but this is exempt.