Latest Legal News
The following is for information only and is taken from legitimate news sources cited below.
http://www.thepublican.com/story.asp?sectioncode=7&storycode=61918
http://www.thepublican.com/story.asp?sectioncode=7&storycode=62930
http://www.thepublican.com/story.asp?sectioncode=7&storycode=62930
Licensees have their say
Phillip Taylor, of the Kings Head in Loddon, Norfolk, dumped some of his Sky package when the price went up earlier this year.
He still pays £70 a week for horse racing but uses an EU-sourced card for the rest of his sports service. To watch Premier League football and a variety of other sports he pays £280 a year.
He said: “I am not going to have the FAPL tell me what I can or can’t do in my own pub.
“It’s been a good investment for me. Sky has been in contact and warned me. If they take me to court so be it, I think it is worth it. I am right behind Karen Murphy. I think she will win her case.”
Tim Pye, of the Royal Oak in Blackburn, uses a European-sourced card because he says Sky is just too expensive.
“It should be perfectly legal as we are in the EU. If I was showing Greek news nobody would have a problem but because it’s football there is a huge fuss about it.
“I can’t afford Sky – because of the pub’s rateable value, it would cost me about £800 a month.
“You do feel nervous doing it because it is a very murky area but I think it is a risk worth taking.”
Pete Smith runs the Ravenser Hotel in Hull City Centre. He subscribes to Sky but says several pubs in the area have been taking advantage of Hull City’s Premier League status by showing their games uses foreign satellite cards.
“Pubs across the road are showing Hull City games and they are turning people away,” he said.
“I don’t resent them for it but I think there should be a level playing field for everyone.
“When the legal situation is clear I will consider it myself but not before. I will wait for the outcome of the court case.
Please note, any customers of Kanel Installations passed or present, in receipt of a ‘legal letter’ regarding use of our systems should call us immediately and we will put you in touch with our legal representatives who will discuss the matter with you and help you take it forward.
Kanel do not export Sky Satellite systems to Europe, however, we can refer you to third parties who deal in this.
Kanel Installations Limited are not providing these excerpts as defacto truths as each court case would be judged on its merits. However the following information shows a trend that the courts are not viewing foreign satellite systems purchased legitimately as a breach of copyright in the UK or illegal in any way.
"...pubs are paying for the signal legitimately and so cannot be found guilty of dishonesty..."
Kanel as always do not condone the use of illegal cams and cards, and will immediately end the service contract without re-imbursement of fee of any client who is found to have installed such items.
Closed Period Matches - A Landmark Decision
“This is a landmark case. Not only is it the first significant legal authority on this emerging area of law, but it reinforces my view that prosecutions such as this are being driven by the F.A.P.L. and Sky to protect their commercial monopolies. Whilst this case was about a “closed period” match, the generic principles apply to all live satellite broadcasts of FAPL matches. It is a benchmark decision on the issue of criminal liability.”
28/03/2006:- Pub bosses win TV soccer legal battle
TWO landlords have won the right to show live Premiership football in their pubs on Saturday afternoons.
The Bolton licensees were taken to court after Sky accused them of infringing the Copyright Act.
It followed a ruling by European football's governing body, UEFA, that outlawed showing Saturday afternoon football, in line with wishes of the Premier League and broadcaster BSkyB.
The licensees argued that they had not broken any laws, saying they legitimately subscribed to a broadcaster in another country which shows live Premiership football as games are beamed across the world.
The first victory came in February at Bolton Magistrates Court and involved pub manager Ian Moss of The Saddle in Farnworth.
Earlier this month, Enterprise Inns tenant Eileen Flint also appeared in court for showing a match at the Original Bay Horse in Horwich using a decoder and foreign subscription card.
Both denied dishonesty and were cleared of a breach of copyright.
Sky and the Premier League fear fans will stop watching matches live at football stadiums if they could watch the game in the comfort of their local pub.
A "closed period" had been set up, barring pubs from showing live 3pm Saturday matches.
Now, following the court rulings, Westhoughton brewery Anchor Inns Northern Ltd says pubs which buy a satellite signal legitimately from abroad are not breaking any law if they choose to show the games.
And it is calling on other licensees to fight any prosecutions brought against them by the Media Protection Services (MPS), which investigates illegal screenings.
Jim Powell, managing director of Anchor Inns, said: "We feel MPS, which is acting on behalf of Sky, is just using bullying tactics.
"In my view hundreds of licensees have been frightened by the thought of facing huge legal costs.
We just feel that their ruling is not relevant to us because we buy the signal from another source who have paid Sky for it.
Licensees need to know they no longer have to lie down and accept it, they can fight it.
MPS takes licensees to court for infringing the Copyright Act.
But Bolton solicitor Joe Egan, who represented both licensees, said a second defeat for the Premier League brought the whole issue of screening Saturday foreign TV transmissions into doubt.
He said: "I don't think these decisions are aberrations, I think the magistrates have got it spot on. In order to be guilty of this offence, you have to intend to avoid the applicable payment.
"He said pubs are paying for the signal legitimately and so cannot be found guilty of dishonesty.
"It's just nonsense, you cannot be found guilty of avoiding a fee you cannot even pay in the first place," he added.
Dan Johnson, a spokesman for the Premier League, said: "There are no rights for the general bar trade to show football games at 3pm on a Saturday afternoon. It's illegal and if people transgress we will take them to court."He said the two court rulings in Bolton were "rogue decisions" and just because a licensees had paid a foreign broadcaster for a signal it did not give them the copyright to the games.
"It's a breach of copyright. If those rights have been sold abroad then they are only for use in that region."Mr Johnson added that there was lots of anecdotal evidence which showed attendeces at football games fell when the matches were being shown in pubs and that it also led to a fall in the number of people playing football on a Saturday.
Courtesy of The Bolton Evening News
24/03/2006:- Live Satellite Football – A Landmark Decision
While he was the licensee of the Fisherman’s Inn at Littleborough, near Rochdale, Brian Gannon purchased a legitimate foreign satellite system and subscription so that his patrons could enjoy live F.A. Premier League football. The patrons of the Fisherman’s enjoyed watching Chelsea v Birmingham City at 3:00pm on 21st August 2004, but Brian found himself being prosecuted by Mr Raymond Hoskin of the Federation Against Copyright Theft (“FACT”) for allegedly receiving a programme included in a broadcasting service provided from a place in the United Kingdom with intent to avoid payment of a charge applicable to the reception of that programme. Having been found guilty by Rochdale Magistrates Court, Brian appealed to Bolton Crown Court. On Friday 24th March 2006, HHJ Warnock, sitting with two lay Justices, upheld Brian’s appeal. In delivering the court’s decision, HHJ Warnock said that not only was the court satisfied that Brian had not been dishonest, but that FACT had not even established vital generic elements of the alleged offence. Commenting after the appeal hearing, MBC’s head of Licensing & Regulatory Affairs, Paul Dixon, said:- “ This is a landmark case. Not only is it the first significant legal authority on this emerging area of law, but it reinforces my view that prosecutions such as this are being driven by the F.A.P.L. and Sky to protect their commercial monopolies. Whilst this case was about a “closed period” match, the generic principles apply to all live satellite broadcasts of FAPL matches. It is a benchmark decision on the issue of criminal liability.” MBC’s Licensing & Regulatory team can be contacted at:-
23/03/2006:- Landmark football hearing tomorrow
Licensees are standing by for the outcome of a “landmark” court hearing into the legality of foreign broadcast screening of live Premiership football.A crown court judge is expected to rule tomorrow on an appeal against a conviction for dishonestly receiving a Saturday afternoon game from a foreign TV station.Licensee Brian Gannon of the Fisherman’s Inn near Rochdale was convicted of dishonestly receiving the broadcast at an earlier magistrates’ hearing.Two licensees have recently been acquitted by magistrates of dishonestly receiving foreign broadcasts which are sold by the Premier League to a range of broadcasters across Europe.Gannon’s solicitor Paul Dixon said there was growing doubt over the issue of foreign broadcasts screened in UK pubs.“Magistrates have ruled twice in recent weeks that licensees have not acted dishonestly by receiving these broadcasts.“This week’s case in a higher court will have considerably more legal significance, particularly as it will raise generic issues which have not yet been aired.”
Courtesy of Morning Advertiser
16/03/2006:- Licensee beats FA in closed period battle
A second licensee has been acquitted of showing a live Premiership TV match in her pub during the so-called “closed Saturday” period.Foreign satellite
Enterprise Inns tenant Eileen Flint denied dishonestly showing the match at the Original Bay Horse, Horwich near Bolton using a decoder and foreign subscription card.She was cleared at Bolton magistrates court after it ruled she had not acted dishonestly and did not avoid paying a fee because justices decided no payment was applicable.Flint’s solicitor Joe Egan said because the Premier League did not negotiate fees with individual pubs there was no deliberate intent to avoid payment.Similar result
The case follows an earlier hearing in the same court two weeks ago when pub manager Ian Moss of the Saddle, Farnworth, Greater Manchester, was cleared of a similar charge.Egan said a second defeat for the Premier League brought the whole issue of screening Saturday foreign TV transmissions into doubt.“There are now two cases of a court ruling that licensees are not being dishonest by showing these matches.”
Courtesy of Morning Advertiser
09/03/2006:- TV footy host in the clear
The FA Premier League has suffered a rare court defeat over a pub screening of Premiership football in the Saturday afternoon “closed period”.Magistrates in Bolton said pub manager Ian Moss, of the Saddle, in Farnworth, Greater Manchester, did not personally act dishonestly by showing the match because he ran the premises on behalf of the owners.
No bearing
Media Protection Services (MPS), which brought the prosecution for the Premier League, said this was an isolated case with no bearing on the legality of closed-period screenings.
Solicitor Joe Egan, who defended Moss, said the court ruled his client had not been personally dishonest because he was a manager running the premises for the owners.
No fee applicable
The Saddle is operated by a small firm, Anchor Inns, based at Westhoughton near Bolton.
“My client did not intentionally avoid paying a fee because the Premier League does not negotiate fees with individual pubs, so no fee was applicable. He did not deliberately avoid paying it,” said Egan.
MPS managing director Ray Hoskin said he accepted the court’s decision but that it carries no weight in the overall legal position.
“It is only the second time in two years that a case has gone against us and our position is that any licensee screening a Premiership game during the closed Saturday afternoon period is doing so illegally,” Hoskin added.
The Saturday afternoon closed period is between 2.45pm and 5.15pm.
Courtesy of Morning Advertiser
Legal Notice
3pm Football on a Saturday is it legal?
Well here is a few things to consider. As a Public House or Club, You will see a receive numerous letters saying that no one in the United Kingdom is allows to show a football game at 3pm Saturday.
Well according to UEFA Regulations that is not true, they state that there are 11 free view periods in England and Scotland.
There is no closed period in Wales and Northern Ireland (according to UEFA).
ARTICLE 4 POSSIBLE EXEMPTIONS TO TRANSMISSION-FREE PERIODS
1. Should a member association decide to transmit a match in accordance with this Article 4, then it must also accept the Transmission of any other match in its territory during the same period. Read it for yourself the full version here or check out there own website. UEFA
1. There is no legislation for this on the statute books of UK Law
2. How can you say it is illegal when European Law says it is legal to use these cards and so does the UK Government. Click on the links below and read for your self and I quote " We are responsible for ensuring the UK implementation of The Television Without Frontiers Directive whose main purpose is to ensure the free flow of television programme's and broadcasting services throughout the European Union."
3. Read the European and UK Law for yourself click here for the UK law or here for European Law. See the Law of the country and Europe. Also Sky and the Premier League now have been told by the European Commission that the Monopoly has come to an end for the 2007 season. more
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4.Putting this closed period in to context is like this. If a law had been broken then Solicitors would be making a fortune out of it and suing every one and everything in sight. Draw your own conclusion about it. It seems If you are a Large chain then they leave you alone. If it is a closed period then NO ONE should show it at all.
