We are getting closer to a common view. However, I suggest taht you are paying too much attention to the word "volume" which is not used in the Act and is only quoted as an example in the Guidance.

I did mention that there was no mention in the Act about volume being a factor when determining what was incidental live or recorded music.

However, I addressed it in some detail as it does appear in the latest draft guidance and it will be this guidance - rather than the words of the Act, or different lawyer's interpretations of these words, that will be have to be understood by those who have to try to make it work in the first instance. Whilst all the time trying not to allow the new Act to affect recorded music any more than before.

An important example I would suggest is that huge concert held on Brighton beach. Because it was recorded music, Fat Boy Slim did not need a PEL. Under the Act of course, it would require entertainment permission.

Despite the guidance, and as far as I can see, from the words of the Act, a juke box (whatever the volume it is played at) will already be a licensable entertainment facility. How can it not be, if as the DCMS state, a playable piano is? Dance floors and stages will also be licensable entertainment facilities. So even if the dance floor is only for exempt Morris and the stage is only for exempt stand-up comedy - the premises will first need entertainment permission for these?

Perhaps Richard (P) - you could let us have your thoughts on entertainment facilities.