The Mudcat Café TM
Thread #86679   Message #1716091
Posted By: Snuffy
12-Apr-06 - 09:46 AM
Thread Name: Affected by The Licensing Act 2003
Subject: RE: Affected by The Licensing Act 2003
Although "spontaneous" is not in the act, LGOs seem to interpret the Act as though "incidental" and "spontaneous" have the same meaning: viz. your message of 07 Apr 06 - 04:57 AM

'As you know, the Act contains no definition of "incidental" and my legal team advise me that in these cases it is normal to use dictionary definitions to aid interpretation. The dictionary definition of incidental includes the word "casual" which in our view, does impact on the regularity of incidental music. I can confirm that we would advise any licensees asking us that we would regard incidental music as that which:

Could take place without an audience;
Would not be advertised or held on a regular basis;


This would rule out anything that was in the slightest degree premeditated or prearranged, so it would have to be either spontaneous or regulated.

Darts matches are both advertised and held on a regular basis but this does not appear to make them "regulated entertainment". Can the council officers explain that one?