As the Law currently stands, whether an activity is a "public performance" is a question of fact in each case which can only be determined by the courts.

This at the moment appears to mean that if a council employee states an activity to be a public entertainment, it is one. The people involved in that activity, or the licensee, have to fight this in Court.

You are guilty until you can (afford or risk) prove you are innocent..........

Or does it in fact mean the opposite?

Is the onus on the authority to prove it is entertainment?