Sham, that's exactly what the Act says. One person watching - regulated.

Given the words of the Act - iIt will be fairly easy for LAs to declare all sorts of things as Regulated Entertainment - if they really wish to advise this. But if they do - we must make sure that it will be just there start of their problems. The LAs might then be the main party pushing (with us) for the words of the Act to be changed.

Sensibly the deciding factor whether live music sessions etc and pub games are indeed Regulated Entertainment is not that that any spectators present may be entertained or form an audience - if it does take place. But whether the activity could or would ever take place in the complete absence of any audience.....

If anything could or would still take place in the absence of any audience - it would be a very strange Regulated Entertainment for any licensee to stage.

The common sense bottom line I think is this. Regulated Entertainment is provided by the licensee for profit. In order for this conventional entertainment to be profitable – the licensee rather has to be sure that what they advertise as happening – does in fact happen. The requirements are that the act engaged turns-up on the night and at the right time to star, performs for a certain agreed time and finishes on time. Payment is usually made to ensure the act's commitment.

There can never be the required certainty and commitment for a session to be considered as a Regulated Entertainment and for the licensee to make the necessary investment to enable a session alone as Regulated Entertainment. Firstly there can be no guarantee that any customer will turn up on the night, or at what time or at what time they leave. If they do there is no obligation for them to play for any period. Or indeed no obligation for them to play at all at any time.