To see if the exeption applies, the officers have to use S 182 of the Licensing Act 1964, to establish the number of 'performers'.

If there are NO 'performers' there is no performance of public entertainment and if there is, No 'performers' are less than two, so it would be exempt.

The legal experts advise the interpretation of 'performer' as one engaged and paid to perform is not only open to them but would be compatable with the HRA.