I think Shambles has thought this through well and it may be the saviour of session. Under the old legislation I was present when some dragon from the local authority turned up to stop a session by saying even though there was no one in the pub but her, she was being entertained and so a PEL was needed. The next week we turned up with the BBC and she failed to show, but had a go at the licensee later.

Under new legislation there is no need to entertain - only to be incidental.   A local authority in East Yorks has already said informally that it thinks no licence is needed if not advertised and not played to an audience.....if this view is uniform and publicsed may give courage to licensees.