If we could all simply ignore the legislation and not be accused by licensing empoyees of presenting a risk to the licensing objectives -we could also claim that live music is 'thriving'.

But it is clearly a case of one rule for those with the 'clout' and another for the rest of us and a 'post code lottery'. As the following will show, the amplified Elvis performance would not be able to benefit from the incidental exemption under my licensing authority.

She [Bridget Downton then Corporate Diector of Weymouth and Portland Borough Council] enclosed information available and commented on the Council's view of what constituted incidental music. This was considered to be; music that could take place without an audience, music that would not be advertised or held on a regular basis: and music that would not be amplified. She added that the Council's preference was not to apply 'a one size fits all' approach and to consider each case on its merits and to advise licensees accordingly.