One thing is certain. The courts will not accept that that paragraph can possibly have no meaning so some live music must be exempt as a result of it.

That bit at least must be good news? Perhaps it is something that we can build on?

It was argued in parliament that buying and selling alcohol was the primary activity in a pub bar and hence that there are at least some circumstances where music is incidental to that purpose and so exempt. That would seem to cover most pub bar sessions where the musicians mainly pay for the pleasure of being there by consuming large quatities of the landlirds ale, at their own expense.

The important issues at the moment are not whether that interpretation is true. They are, whether people will put themselves into a position where they may have to employ thath defence and whether local authorities will take action in such circumstances in the knowledge that the defence will be employed.

I see what is being said here - but it is surely the other way around?
No defence ever needs to be mounted if local authorities do not - in effect - go on the attack against sessions etc. For there will not be same financial reasons and drive than as present for LAs to insist on entertainment permission in pubs - as the revenue coming from the Premises Licence will be the same to them - whether this permission is in place or not.

So a more accomodating interpretation from them towards any live music in premises where permission is not in place - by considering it as incidental - may now find more favour? Hopefully more than some of the more draconian and unhelpful interpretations that we have seen from many of them under current legislation in order to force licensees to apply and which have made life so difficult for sessions etc.

As stated - the 'incidental' exemption must be seen to apply to some live music and it may as well be of some benefit to all of us - rather than none - so in the short term at least - a more relaxed approach that may involve them in less work should be welcome to our LAs - as the officers involved will be busy enough - without having to look for more work.

I am meeting with the leader of my local authority this week and I shall be making that point to him. If licensees can be assured in advance by our LAs that sessions etc - can take place and be considered as exempt by being incidental - it should be possible for these activities to take place in the majority of premises without entertainment permission.

If this can be managed - there may also be some hope that other events could also take place? Or am I being far too optimistic?