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.

It is fact that as the exemption for live (and recorded) music is now set in the words of the Act - so it is more than inference that there must be some form of live music that IS considered to be incidental and exempt. LAs will have to enforce this letter of the law also and not been seen to be trying to turn all (or any) live music into Regulated Entertainment. any attempt to do this will be contrary to their requirement under the Act and the guidance.

For the statutory guidance to the Act - makes it clear that if any applicant is unsure what may be incidental live music - they are to consult their local Licensing Authority for the details. One can see why LAs may prefer to wait for some court rulings to determine this and only then act in concert - but the Act requires each one to make the first moves.

If they don't first do this locally - there will nothing for the courts to test.