"incidental" - "casual, not essential...a subordinate event"   Concise Oxford.   The government view was was that it was only something of trivial importance that could be "incidental" and that as soon as the provision of the live or recorded music became of significant importance then it was no longer "incidental".

I think this is too narrow, but the government refused to clarify. I have a particular reason but I am not giving it away yet in case the Government does something Machiavellian before we need to use it in anger.

Anyone know a licensee who wishes to risk his livelihood and many thousands of pounds finding out?