>If all performances are under 100 capacity are exempt from regulation under the Licensing Act then the Licensing Act cannot be used to control noise, and its power pre-emptively to prevent noise is precisely what is needed.<

But you are also maintaining that this and the other current noise legislation does not work. So why are you concerned of the effect of the addition of yet one more exemption to add to the many existing ones?

Noise from stand-up comedy using PA and live music is not controlled by the Licensing Act.

All of the amplified music that is exempt as being incidental cannot be controlled by the Licensing Act.

Amplified music from the back of a moving vehicle is not controlled by the Licensing Act and so on. It has more exemptions than I have holes in my socks.

Rather than objecting to this particular and perfectly sensible exemption being introduced as damage limitation, would it not be better to simply accept that the Licensing Act 2003 and the whole concept of additional entertainment permission (taking place in permanent venues) is a mess which needs a total reform?

If the additional entertainment permission measures contained in Licensing Act 2003 (and the previous legislation it replaced) were in any way able to deal with noise concerns, why are licensing authorities when issuing this permission, currently obliged to advise operators that the activities for which they have obtained permission are still subject to the noise controls contained in the environmental legislation?