A little more to add to the current Minister's 'jamming OK' statements and to suggest why those who brief him (the same as those who briefed his predecessors) may consider how these statements could be supported under the words of the Act.

Guidance

Commons - Standing Committee 1 April 2003

Jim Knight: I would not have become interested in the subject if it were not for Roger Gall, a constituent of mine, who lives on Portland, where there is a folk jamming session on a Friday night in a pub called the Cone House Inn. It became known that the landlord was comfortable with people coming along on a Friday night and playing their music. These sessions were not advertised. Such an event, which is not advertised or actively encouraged, may be a passive part of the atmosphere of the pub, and it may begin to build up business and become a substantial attraction and profit maker for the publican. Would the Minister regard such an activity as one that should be regulated under the Bill?

Dr. Howells: It seems that that is largely a spontaneous activity, to which people turn up occasionally, and it seems also that the word has spread that people can hear some nice music. However, as the hon. Gentleman says, the licensee does not spend money on advertising. If it is clear that music is being played in the corner of the pub, that would be incidental in my book. I do not know whether that gives him any comfort.
Often, if it is intended that the everyday meaning of a term be used in legislation, it must be judged commensurate to the circumstances of each case. I know that that has drawn some guffaws from Opposition Members, but I hope that the combination of the term ''incidental'' and the explanation that I have tried to give, taken together with the guidance that the Department will issue, will be sufficient to ensure that licensing authorities give due consideration to whatever music is being performed.