This is Richard Bridge's comments on the above. I hope he will not mind this posting but what he says is perfectly correct - if you have the entertainments bit on the licence - end of story. The government is either accidentally or deliberately missing the point - licensees will be reluctant to "tick" the music box in the first place!!

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I write on behalf of the performer-lawyer group. In view of the urgency I
am copying the other members at the same time and if any of them wish to
make comments independently they can of course do so.

I have considered the new draft "Dancing in live music and pubs" amendment
the government this morning proposes.

Frankly, it is irrational.

First, it can only apply if the pub already has a licence for music
entertainment (in the new meaning, which includes dance). The biggest
single point about the need for a de minimis exemption is to avoid having to
get such a licence. Having to get one and then disapplying certain
conditions in certain cases is no solution.

Second, the restrictions lifted might include those most likely to be
necessary, if any were necessary, namely those (if any) on noise levels and
amplification.

Third, if there is no "permitted capacity" (either under the
soon-to-be-repealed Fire Precautions Act, or otherwise) the provisions
cannot apply, no matter how small the premises (or, and the omission of this
is no doubt a mere drafting lacuna, the respective part ofthe premises).