The British Institute of Innkeeping's "Handbook for the Entertainment Licensee's National Certificate" states:

"Where community style singing to music is encouraged to take place, the entertainment will be licensable. If, however, the singing is spontaneous the council is unlikely to take action, although technically there is a breach of the law."

Dr Howells comments from a recent letter to Michael Portillo would contradict the above 'guidance'.

Although it would be inappropriate for me to comment on individual cases, I would like to take the opportunity to explain the relevant law. There is no current restriction on the number of musicians or dancers who may perform together in licensed premises if the licensee has first obtained an appropriate public entertainment licence from the local authority. However, under Section 182 of the Licensing Act 1964 a public entertainment licence is not required if music or dancing is performed by less than three performers on licensed premises i.e. the 'two in a bar rule'. The rule is intended to apply to public performances put on by a public house to entertain the public and should not prevent ordinary people singing together or dancing in public houses.