(3) The second condition is that the premises on which the entertainment is, or entertainment facilities are, provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned (whether of a description falling within paragraph 2(1) or paragraph 3(2)) to take place.

To the extent that the provision of entertainment facilities consists of making premises available, the premises are to be regarded for the purposes of this sub-paragraph as premises "on which" entertainment facilities are provided.

There semms little doubt from the above that any premises provided for the public to entertain themselves in music or dancing is a licensable Entertainment Facility. So exempting provided instruments like pianos, in order for the public to entertain themselves, as proposed, will still result in this being licensable.

And the Government can still claim that such musical activities as rehearsal, when the public are not admitted, are not licensable.