That I think that may be partly true.

But unless I (or the council) can give my licensee or the others, something a little more concrete than just this impression - they are unlikely to agree to any new sessions starting. Which if it were to prove to be the case that these are perfectly legal - would be just as bad - or perhaps worse that the law preventing it.

I can also see why they do not wish their officers to be tied down but the public and licensees need to have the protection of knowing what the law does or does not allow. And with the new exemption for incidental live music, Morris dancing and the distinction between amplified and non-amplified music in the legislation for the first time (in S177) - there really should be no question that such things are perfectly legal without entertainment permission.