My point is that as (practically) any live music will now be illegal (practically) anywhere - without Premises Licence entertainment permission - there is not now a need to require a licensee to risk their livlihood in order to test this legislation.

Yes it is unlikely (as before) that a licensee will be prepared to take the risk to go to court (on this aspect alone) - but this Act has changed many things. Perhaps some thought could be given to the way individuals (or groups) could test these aspect of the Act in areas and premises other than pubs/clubs etc?

For example - cafes and other places - not serving alcohol - under the Act - will have to apply for Premises Licence entertainment permission - if they wish to provide Regulated Entertainment. If their normal business (and opening hours) does not require anything that IS licensable - the claim can surely be made that any live music in these premises - is incidental to something that is not in itself licensable?   

I am sure that with a bit of thought many examples of testing the music aspects of this legislation by willing individuls (on full legal aid) can be found?