Brummie Scrooge!

As a Midlander I am ashamed to say this story comes from Birmingham.  A street trader who has a flower stall in the city centre has been threatened with court action by the council for playing Christmas carols.  They maintain that he is in breach of the Control of Pollution Act 1974, section 62(1)(b) of which prohibits the use of a loudspeaker in a street "for the purpose of advertising any entertainment, trade or business".  He's been doing this for 10 years by the way, with no problems. Is this some jumped-up jobsworth throwing his or her weight about or what?  I think it highly dubious that it could be said that he is advertising anything other than the fact it's Christmastime, and if that's illegal then (literally) God help us!