This shows that the provision of entertainment facilities is not linked to the provision of musical instruments. Part (b) would permit the provision of a room for incidental music whether or not an instrument were provided.

But only for a performance of incidental live music or the playing of recorded music. The following is the existing Para 7.

Music incidental to certain other activities
7 The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself—
(a) a description of entertainment falling within paragraph 2, or
(b) the provision of entertainment facilities.

Anything (including the premise or land) provided to enable the public to entertain themselves in music and dancing - an activity which is not licensable itself as Regulated Entertainment, as a PERFORMANCE of live music or the playing of recorded music, cannot qualify for this exemption and as a result, is still caught as Entertainment Facilities.