A DCMS spokeswoman said on Tuesday that parts of the Licensing Act were currently being reviewed, and specific aspects of it, including the parts relating to public carol-singing, would be looked at in detail.

"Carol-singers who entertain shoppers on a high street would not need to be licensed, providing the performance is incidental to the main activity, which, in this case, is people doing their Christmas shopping. If in doubt, organisers should contact their licensing authority," said a DCMS official.

This is interesting. The DCMS now seem determined that this form of arranged carol singing is not illegal under the words of their own Act - even if they are not sure why. So the buck is passed back to the local authority who do not know either but which will have to be prepared to try to legally defend any decision to their local electorate and in court if/when it is challenged.

The DCMS first attempt seemed to be on the grounds that the arranged event was 'spontaneous' even though this is not a word that appears in the Act. They now seem to be trying to claim it is a performance of live music that is 'incidental'. Which does at least appear in the Act and may give other similarly threatened activities some hope when all the seasonal fuss about carol singing dies down.

But interesting that it seems now to be the nature of the 'audience' doing their main activity of Christmas Shopping that classes the earnest performing efforts of the singers to entertain them as incidental.....

The history is yhat after drafting and introducing this catch-all legislation and having all the things listed for them that would be caught by it - including carol singing - the DCMS then tried to rather imaginatively reassure us all (despite the words of the Act) that all these things were actually safe.

They tried this only because the act was understandably unpopular with all the voters whose activities were really threatened by this catch-all legislation. http://tinyurl.com/ccchk

For in reality- the words of the Act, as they currently appear in Schedule 1 mean that just about everything from darts to mumming undertaken anywhere - if it is for the purpose of an audience or spectators is a Regulated Entertainment and illegal without Premises Licence entertainment permission.

All the words of DCMS spokespersons, websites and guidance will not change the words of this Act but will only continue to confuse everyone even more.

Until the words of Schedule 1 are changed by the Secretary of State