Eric -

With all due respect - before the courts can be asked to decide anything finally - our local authorities have to decide what they consider to be 'a performance of live music that is incidental etc'.

Otherwise there will never be any court decisions.

The legal status of these various Minister's statements may be legally questionable - but they may prove useful for us to persuade our local authorities to adopt a definition that may be of some practical use. For like or lump it - the exemption is in the words of the Act - so our LAs MUST find the performance of some live music incidental.

The guidance accepts 'grey areas' and advises applicants to consult with their LA and their policy on enforcement. We must ensure that we and our local councillors make this local policy and that it is not left to licensing officers.

Given that practically any live music anywhere is subject - there is no need to find a licensee brave enough to test it but there may even be one or two that may be prepared to ask their LA if a session etc could be exempt as incidental. Showing them Dr Howell's words - may place the LA in a position where they have to take him by these words and their intent? It would surely be a factor?