The local policy on enforcement for this exemption, was sought by me and a local Councillor and the following was carefully advised, in the letter to us, dated 5 May 2006.

As you know, the Act contains no definition of 'incidental' and my legal team advise me that in these case it is normal to use dictionary definitions to aid interpretation. The dictionary definition of incidental includes the word 'casual' which, in our view, does impact on the regularity of incidental music. I can confirm that we would advise licensees asking us that we would regard incidental music as that which:
could take place without an audience;
would not be advertised or held on a regular basis;
and would not be amplified."

As I have said before here, the 'new' LACORS Guidance on the incidental exemption was issued in November 2009. This makes it clear that the 5 May 2006 advice still being maintained by the employees of my local Licensing Authority is totally wrong [but this was always clear].

Should anyone wish to contact them to try and help bring some common sense to bear - I would be most grateful.