One has to ask if Abbey road studios had the correct escape proc for members of the public, assuming that employees and clients were aware of the procedures. The Abbey Road gig could, with cynical eyes, be regarded as a publicity stunt, they could have done it anywhere, maybe they couldn't be hassled with moving equipment about.

Dare I suggest that if the correct Safety Procedures were not in place they would certainly have been prosecuted. But it would have nothing to do with licensing. It would have had a lot to do with Health and Safety.

I am sure the gig itself was a publicity stunt - I doubt if the breaking of the Licensing Act was. It seems clear to me that they just didn't understand it.

Even if the gig had been private with no members of the public present it would have been illegal. Abbey Road allowed the BBC to hire studios from them - provision of entertainment premises. They were provided for consideration and with a view to profit.

Such premises need a licence if there were anyone present in the form of an audience.

The relevant page of the act is here.

What would be really helpful would be if the Chair of Licensing explained to the DCMS just how convoluted this act can be.