Recorded music is legal without being licensed 'to the extent that it is incidental to some other activity which is not itself - (a) a description of entertainment falling within paragraph 2, or (b) the provision of entertainment facilities'.

In other words, I think pub jukeboxes would be exempt, provided they weren't next to a dance floor (but how do you define a dance floor???)

As the Government claim the issue is one of noise, how can pre-recorded music, that is incidental etc; not be a noise risk but all LIVE music in pubs (especially non amplified music), which is incidental etc; is a noise risk and presenting a problem that can only be dealt with by an additional 'entertainment' licencing requirement?

This is an anomally under the current legislation that could and should have been addresed in any 'reform'.