Guidance issued under section 182 of the Licensing Act 2003

Incidental music
5.18 The incidental performance of live music and incidental playing of recorded music may not be regarded as the provision of regulated entertainment activities under the 2003 Act in certain circumstances.

This is where they are incidental to another activity which is not itself entertainment or the provision of entertainment facilities. This exemption does not extend to the provision of other forms of regulated entertainment.

Whether or not music of this kind is "incidental" to other activities is expected to be judged on a case by case basis and there is no
definition in the 2003 Act. It will ultimately be for the courts to decide whether music is"incidental" in the individual circumstances of any case.

In the first instance, the operator of the premises concerned must decide whether or not he considers that he needs a premises
licence. One factor that is expected to be relevant is "volume". Common sense dictates that live or recorded music played at volumes which predominate over other activities at a venue could rarely be regarded as incidental to those activities. So, for example, a juke box played in a public house at moderate levels would normally be regarded as incidental to the other activities there, but one played at high volume would not benefit from this exemption.

Standup comedy is not regulated entertainment and musical accompaniment incidental to the main performance would not make it a licensable activity.

But there are likely to be some circumstances which occupy a greyer area. In cases of doubt, operators should seek the advice of the licensing authority, particularly with regard to their policy on enforcement.


Guidance issued under section 182 of the Licensing Act 2003

Spontaneous music, singing and dancing

5.19 The spontaneous performance of music, singing or dancing does not amount to the provision of regulated entertainment and is not a licensable activity. The relevant part of the 2003 Act to consider in this context is paragraph 1(3) of Schedule 1 to the Act. This states that the second condition which must apply before an activity constitutes the provision of regulated entertainment is that the premises (meaning "any place") at which the entertainment is, or entertainment facilities are, provided are made available for the purpose, or purposes which include the purpose, of enabling the entertainment concerned to take place. In the case of genuinely spontaneous music (including singing) and dancing, the place where the entertainment takes place will not have been made available to those taking part for that purpose.

ENDS

Can arranged carol singing of the type prevented in Norfolk be considered as specifically exempt as 'incidental'?