The small print
From: ronnie.bridgett@Culture.gsi.gov.uk 08 April 2002 13:51
You ask me to explain how the two responses can be reconciled.
In response to the question - will criminal offences be committed by customers who spontaneously break into song, our advice is that we do not anticipate that spontaneous singing which does not constitute a "performance" under the terms of the Bill or is not undertaken or organised for "reward" as defined in the Bill, will be within the range of the licensing regime.
Whereas a musical "performance" as defined in the Bill by a single musician undertaken for "reward" (either his own or the organiser's) will be subject to the licensing regime. It is for Parliamentary Counsel to decide how in terms of draft clauses to give effect to that policy.
Accordingly, whenever a group of people in a bar break into spontaneous song, the licensee would have to decide the point (noise level)at which he is at risk of being closed by the police because of "excessive noise" which might be disturbing the public. This is an important point for context and explains why it would not be necessary to bring spontaneous singing (music making) within the licensing regime as adequate public protection would already exist.
Ronnie Bridgett Alcohol and Entertainment Licensing Branch Tourism Division
They seemed to have overlooked the fact that local authoritities have already brought spontaneous music making, (which is as near to spontaneous as you could practically get), into the licensing regime. Despite the fact that the DCMS admit that adequate public protection would already exist.
I wonder what Mr Bridgett thought of Dr Howells's no money changing hands, quote?