It's an interesting scenario, and one they should clarify. If they're regarding playing outside as restricted (but not restricting playing inside), frankly I think that'd be common sense to avoid disturbance of the pub's neighbours with late-night noise. As I remember (which may be incorrect - I'll look it up when I can), the Licensing Act is trumped by other restrictions on maintaining public order, so it could be happening under that.

Graham if common sense came into any of this - I suspect that we would not be discussing these issues or have any need to.

I made the following point to my LA: Who seem to have avoided any mention of S 177.

That any imposed condition stating the times that entertainment should cease - be confined only to case where valid objections have been made to this entertainment and otherwise these matters are best left to the experts in these matters - the licensee.

This is the answer I have received so far.

14 December 2005
I can confirm that this is the case - we are legally not able to impose time restrictions unless we receive objections.

I can't really see that anyone would have made a specific objection to outside non-amplified music or a request that it ended at 9pm - but I could be wrong.