Bristol pub faces fine for playing chart music

When drinkers at a pub in Bristol enjoyed a pint while listening to some top chart hits, little did they know it would be discussed by one of the country's top judges.

The case of the Cherry Tree's music licence went all the way to the High Court.

The Oldland Common pub's proprietor, Patricia Hobbs, was caught playing hits by the likes of Take That and Geri Halliwell without having a valid licence.

Rather than pay to get hers up to date, Ms Hobbs allowed a claim by music royalties collectors Phonographic Performance Ltd (PPL) to go all the way to the highest court in the land.

This week, Mr Justice Lewison banned Ms Hobbs from playing music on site after hearing she had been caught playing copyrighted songs such as Could It Be Magic, Valerie and Bag It Up by former Spice Girl Halliwell.

Ms Hobbs faced the prospect of a heavy fine or even prison if she disobeyed the order, but she has since spoken to PPL and agreed to update her licence this Friday by paying more than £500.

Ms Hobbs, who was not present or represented in court, will also be expected to pay a legal bill of £1,400.

She told the Evening Post: "I have spoken to PPL and agreed to pay over the phone on Friday. Like everything in this industry, you need a licence.

"I think it's money for old rope, myself, but I have to have it.

"There are two different licences you have to have to play music and our PPL one was not up to date. I think the court costs will be high and I'll have to pay them, too."

At the High Court, Thomas St Quintin, counsel for PPL, said a company inspector went to the pub on June 17 and heard recorded tracks being played in public.

He said solicitors had sent letters to the pub informing Ms Hobbs of PPL's repertoire and the fact that playing them in public without PPL's licence or permission was a copyright infringement. They invited Ms Hobbs to get a valid licence, but she did not.

The licence applies to all forms of "mechanically recorded music" such as records, tapes and CDs in PPL's catalogue, which the court heard covers about 97 per cent of all music.

Music licences can cost hundreds or even thousands of pounds, depending on the size of the venue and the audiences involved.

A spokesperson for PPL said: "PPL can confirm the matter is currently being resolved. Until the matter is fully resolved, the injunction remains in place and music will not be allowed to be played in the venue.

"Whenever you play a sound recording in public, there are two separate licence fees to be paid. PPL distributes its licence fees to record companies, recording artists and musicians, and the Performing Rights Society collects a separate licence fee, which they distribute to composers and music publishers.

"A licence is required for any event except a family or domestic gathering, such as a wedding reception or birthday party."