If the landlord simply advertises "folk music here tonight" then under the new guidance that should be OK. However if he advertises a named performer then it's regulated entertainment.

But what sense is there in this? How can the words of a advert change the risks presented to the licensing objectives?

The so-called 'new' Guidance was issued in November 2009 - My lot still will not accept that their advice needs to change at all and see no hurry to even discuss it. They will be looking at it in May 2010 - as part of the three-yearly general review of the Statement of Licensing Policy but this is a requirement of the Act and has nothing to do with the Guidance. As there is currently nothing in the SOLP which supports the officer's advice - such a review is unlikely to change the situation anyway.

But the Guidance does not make it clear that the exemption only applies to the performance of live music and to the playing of recorded music. The situation where the public are provided with licensable Entertainment facilities, in the form of premises, to enable them to entertain themselves in music and dancing is unchanged.

I can see nothing in the Guidance that would make my lot change their advice and it is only Guidance remember.

But if you think you could change their advice - I would be most greateful if you could please contact them and try.