The whole Act (and now this guidance) is full of a cultural bias that is almost overt. This built-in hypocrisy has long been seen to be acceptable in entertainment licensing. Where lap-dancing clubs for example can be prevented on grounds of morality whilst claiming the reason to be those of public safety. That this hypocrisy is able to continue - is to me the main problem of the Act.

It is clear from Mr Caborn's recent letter to the JCHR that a bias in favour of classical or church music in the Act ,(and against anything else) is seen to be both respectable and acceptable. Note the further moves towards this end - despite in the following in e) from the guidance - in the reference to places of religious worship.

e)    music: both the performance of live music and the playing of recorded music. No distinction is made in the Act between different musical styles; and

f)    performance of dance;

where the entertainment takes place in the presence of an audience and is provided for their entertainment.

Of course there IS a distinction now made against dancing that is NOT 'morris dancing or dancing of a similar nature.

302.    A number of exemptions to regulated entertainment are included in the Act including:-

f)      morris dancing, or dancing of a similar nature.

And

d)      the provision of entertainment or entertainment facilities for the purposes of, or incidental to, a religious meeting or service or provided at a place of public religious worship. This would exempt, not only the singing of hymns or other religious material at a religious service, but also the performance of a classical concert at a church.

Again and despite the assertion made in e) of this guidance, there is a distinction being made here 'between different musical styles'. But in reality - how under the words of the Act - would Premises Licensing controls be undertaken anyway in a place of public worship - if the concert did not follow the guidance and the concert or entertainment taking place was not of a classical nature?

The inclusion of the word 'classical' in d)of the guidance is in direct contradiction with
e)   No distinction is made in the Act between different musical styles; and.