This has now been finalised by the appeal court in a case Toye-v-London Borough of Southwark after a failed request by the appellant for the matter to go before the House of Lords.

A precedent has now been set.The consequences of this precedent are:1)
The Kwizoke plus machine does provide pre-recorded sound. Therefore premises granted a Justices' On Licence cannot lawfully permit a person to sing songs or otherwise perform whilst accompanied by the Kwizoke plus machine (e.g. Karaoke sessions or live artist)2)

"Two live performers" - The exemption regarding the two live performers means that there must not be more than two live performers throughout the whole of the entertainment period and not as suggested by the appellant, "no more than two at any one time" HenceIf throughout the course of entertainment, three different soloists perform music, or a duo perform followed by a soloist, this will be classed as three live entertainers therefore a Public Entertainments Licence is required.