The Council may have prosecuted for lack of a PEL or under health and safety legislation. If Magistrates erred in law, the prosecutor could ask them to state a case for the opinion of the High Court, (the sledgehammer getting larger and larger) but I wonder if even they consider it is worth the risks of the costs involved. It is not clear from the Times article how the prosecution was brought or how the Magistrates came to dismiss the prosecution, if that they did.

I notice on DCMS web site there is a longer list of questions and answers on the provision of regulated entertainment under the act, www.culture.gov.uk - click on alcohol and licensing then reguated entertainment. Here is an explanation of why the 2 in a bar ule is being abolished. There are 9 pages of questions and answers. I notice that busking is not mentioned!