I find the whole concept of "providing entertainment facilities" very odd. The intention seems to be to bring participatory singing and dancing within the Act, which would otherwise not be regulated entertainment as it is not for the entertainment of an audience. So why not simply include these in the definition of regulated entertainment?

I'm also confused what is meant by "making premises available". The Guidance Notes explain that spontaneous music or dancing are not licensable because "the place where the entertainment takes place will not have been made available to those taking part for that purpose." However, unless the licensee immediately steps in to stop the singing or dancing, surely the premises have then been made available, if only by default? But since we are told spontaneous music and dancing are not licensable, why should the licensee step in to prevent it?

I'm coming to the conclusion that the parliamentary draughtsman must have been channelling Lewis Carroll when he drew up the legislation.