Where the public are entertaining themselves then this could be considered "incidental music", since it is not for the purpose of entertaining an audience or attracting customers, and for many customers would be something going on in the background.

It cannot be considered to be a 'performance of live music', which is what the exemption is worded for.

The only things re live music, that qualify for current exemptions and the changes proposed to make the incidental exemption work - must first be licensable as the provision of a activity which is a performance of live music and thus licensenable as Regulated Entertainment, this does (or will then) include any associated facilties provided for this.

Anything provided to enable the public to entertain themselves in music which is not the provision of an activity which is a performance of live music - will remain licensable as a Entertainment Facilty.

The proposed small gigs exemption will not be of any use unless it is worded to include the public entertaining themselves live music which is not performance.