The following is the proposal from the DCMS consultation document.

Chapter 1: Proposal to clarify the definition of 'entertainment facilities'

Summary of proposals
1.1 The consultation document seeks your views on a proposal to:
• exclude the provision of musical instruments from the definition of entertainment facilities in the Licensing Act 2003 (the Act) schedule 1, section 3 (see extracts from the Act at Annex B); and
• clarify that entertainment facilities are not separately licensable if they are used solely for the provision of incidental music (as described by schedule 1 section 7).

1.2 The proposal would encourage the use of the existing exemption for incidental music. Performances of live music which meet the conditions in paragraph 1(2) and (3) of Schedule 1 to the 2003 Act would remain licensable if they:
• are for purposes that include the purpose of entertaining an audience and take place in the presence of an audience;
• do not benefit from the exemption for music that is incidental to other activities; and
• do not fall within any other exemption in Schedule 1.

1.3 The proposal would also ensure that the provision of musical instruments (such as a piano made available to members of the public to entertain themselves) is excluded from the definition of regulated entertainment. For clarity, this exemption will extend to items provided to enable a musical instrument to be played without amplification. This is intended to clarify that ancillary items such as music stands are also excluded from the definition of entertainment facilities.