This snippet (from the opposition) may be of interest - but then again........

That is another example of concern about potential legal problems. The message is clear; the guidance does not give local authorities the authority in local licensing for which we have long argued. It is also extremely unclear.

There has been a lot of debate, and there are various issues that we could all raise. The hon. Gentleman talked about golf clubs. I shall cite the example of circuses, since it is has not been mentioned before. For your delectation, Mr. Olner, and to show how confused these matters are, I shall quote a small interchange that occurred in another place. My noble Friend the Lord Redesdale, asked the Minister, Lord McIntosh of Haringey:

''would circuses actually need a licence if they did not perform any live music? If they avoided live music, the circus could take place quite happily without regulation. Is that not a bizarre aspect of the Act?''

He received an inordinately helpful reply from the Minister, who said:

''I wish I could answer that simply, but I cannot. Music—incidental, live or whatever—is one of the issues, but there are also questions about whether the activities fall into the category of sports events—for example, those of trapeze artists. It sounds daft to the noble Lord, Lord Redesdale, and it sounds daft to me.''—[Official Report, House of Lords, 16 March 2004; Vol. 659, c. 126.] That was said by the Minister in another place with responsibility for the very matters that we are discussing today.

The question of incidental music should have been resolved during consideration of the Bill, yet uncertainties remain. The Minister will be well aware of the letter that he received from the hon. Member for Hampstead and Highgate (Glenda Jackson), in which she asked if a restaurant with a piano in the corner would lose its incidental music status and require a licence as an entertainment facility.

Anyone who has read the Minister's reply will know that a great deal still needs to be done to clarify the guidance. I hope that the Minister will, if nothing else, clearly explain whether or not a small restaurant with a piano in the corner needs a licence. I am sure that he has a nice, simple answer—simpler than the one that he gave the hon. Lady.