In reference to a recent thread called Guitars in Sessions thread.cfm?threadid=127702&messages=41#2852519

What is the thinking on having pianos in sessions? Or rather of having to have one provided in a pub, in order to make the public entertaining themselves in music legal?

The Department of culture, Media and Sport (DCMS) are currently conducting a consultation details on this thread.
thread.cfm?threadid=126147&messages=119

The following from the DCMS consultation document.
Proposal to exclude the provision of musical instruments from the definition of entertainment facilities

1.8 To further clarify the law with regard to the provision of pianos and other instruments, the Government proposes to change the 'descriptions of entertainment' (at Schedule 1, paragraph 3(2)) by statutory instrument to exclude the provision of musical instruments. Performances of live music and the provision of facilities other than musical instruments will remain licensable. This will remove any doubt about whether a licence is required when musical instruments are made available by themselves. For clarity, this exemption will extend to items provided to enable a musical instrument to be played without amplification. This is intended to clarify that ancillary items such as music stands are also excluded from the definition of music facilities. The provision of other facilities, such as amplification, will remain licensable, as their provision may present risks to the licensing objectives. (For example, of public nuisance due to noise, or public safety in the case of a stage).

This also proposes a change to the Licensing Act 2003 where the provision of a piano or any other non amplified instrument, to enable the public to entertain themselves in music and dancing will no longer be licensable as an Entertainment Facility.

However, any other facility provided to enable the public to entertain themselves in music and dancing will still be licensable as an Entertainment Facility. This includes the provision of the premises or the land on which this entertainment takes place. So all pubs provided to enable the public to entertain themselves in sessions and sing rounds are illegal unless the premises have applied and paid for additional and specific Entertainment Permission for this..

It is difficult to see how the proposal by the DCMS can work but if it goes through, the result will that without Entertainment Permission to specifically enable it, the only way that the public can legally entertain themselves in music and dancing is where a pub has provided a piano or non amplified other instruments!

The assumption has been that where a pub has obtained Entertainment Permission to enable conventional performances of live music, that this will cover sessions etc. where the public entertain themselves in music and dancing. I am not sure that this assumption is safe. The following is in reference to the current situation, from the DCMS consultation document.

1.5 The definition of regulated entertainment contains two elements: the provision of 'entertainment' and the provision of 'entertainment facilities'. The separate 'entertainment facilities' element is intended to address situations where people take part in entertainment that may not be provided solely for the purpose of entertaining an audience, but which may nevertheless present risks to the promotion of the licensing objectives. Examples may include the use of a dance floor, or some karaoke performances. As part of this, the provision of musical instruments (such as 'pub pianos') can be licensable (separate from a performance of live music) if they are to be used by customers to entertain themselves.

The following is what the Act says about Entertainment facilities

(3) The second condition is that the premises on which the entertainment is, or entertainment facilities are, provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned (whether of a description falling within paragraph 2(1) or paragraph 3(2)) to take place.

To the extent that the provision of entertainment facilities consists of making premises available, the premises are to be regarded for the purposes of this sub-paragraph as premises "on which" entertainment facilities are provided.

Despite what the DCMS consultation document implies, there is no requirement in the Act for a Licensing Authority to demonstrate any risk to the promotion of the licensing objectives. If a premises is provided to enable the public to entertain themselves in music and dancing - this is automatically licensable as an Entertainment Facility and needs Entertainment Permission in its own right.