Although the word impromtu does not appear in the act, the inference is clear, that if the music is seen to be designed to bring in more patrons to purchase the drinks on sale, it cannot be described as incidental to the pub's business, but would constitute a part of said business.

This is a legal minefield, and it should be remembered that L.A.s will be under pressure to enforce the letter of the act, which will only be fully determined after some very expensive court appearances.

Bear in mind also that anyone challenging the law in court is unlikely to be able to match the array of barristers and Q.C.s the authorities will field in response.

Judges do seem to find in favour of the litigant with the higher profile representation.

Don T.