I think Richard P is quite right in pointing out that "In practice the bigger problem is likely to be convincing landlords that the incidental music is outside the proper concern of a licensing officer."   And that applies maybe even more in the case of companies owning chains of pubs, and laying down a policy for what their managers are authorised to do."

It is up to us to first convince our Councils of this and then get them to convince licensees, owners and coffee bars. It should not be difficult to convince them that incidental recorded music is outside the proper concerns of a licensing officer, as all parties already accept this. The trick is to get them to accept from the very start, that any incidental live MUST now be treated the same and that it will now be illegal for them to make a distinction and insist on licensing for one and not the other.

It will be more difficult to do this if the main focus is placed on getting venues to apply for entertainment permissions, but that is the mess that we have been given to try and make work.