Yes but I really don't see that advertising should be an issue. Word-of-mouth is still advertising and formal advertising alone will not turn the session into a public entertainment.

Advertising should just mean that it is likely that the local officers may become aware that some form of live music making is likely to happen. Or they cannot pretend not to see it (any longer). They could always come on a bad night (when there were only two participants or none at all). Could that be arranged for any return visit/visits to the Palm Tree session?

When they are aware they should investigate to establish IF the premises require futher licensing to ensure the public's safety. It does not mean that when they are aware, that they must find a licensable public entertainment, or if they do, that they must charge a fee.

Whatever a 'performer' may be, I suggest that a good starting point would be someone under obligation to, or in the temporary employ of the licensee, in order to entertain their customers. If anyome was just making some form of music, with the licensee's permission, I suggest that it would be difficult for any Council to prove in court that these customers were 'performers'. And using this definition for session participants, they would have to do this.

This from Hansard, may help.

>Licensed Premises: Entertainment Legislation
House of Lords Monday 11 December 2000
2.53 p.m. The Lord Bishop of Oxford asked Her Majesty's Government:
Whether, under Section 182 of the Licensing Act 1964, members of the public count as "performers" if they sing on licensed premises; and, if so, how local authorities can enforce public entertainment licensing legislation in a proportionate manner that is compatible with performers' rights under Article 10 of the European Convention on Human Rights.

The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton): My Lords, Section 182 of the Licensing Act 1964 exempts licensed premises from the need to obtain a public entertainment licence where the entertainment provided consists of music and singing by not more than two performers. Whether members of the public who sing on licensed premises count as performers is a matter for the licensing authority to decide, depending on the circumstances. Ultimately, the compatibility of this provision with the European Convention on Human Rights would be a matter for
the courts to determine.