...............................................March Edition 2012................................................
Karen Murphy Case
Good news came for Karen Murphy on Friday when The High Court upheld her appeal against her 2006 conviction for screening football from a foreign system.
It must be a massive relief considering the twists and turns of the case over such a long period of time. For the rest of us however, nothing is any clearer as yet and we certainly have not been given the green light to use such systems.
Good news came for Karen Murphy on Friday when The High Court upheld her appeal against her 2006 conviction for screening football from a foreign system.
It must be a massive relief considering the twists and turns of the case over such a long period of time. For the rest of us however, nothing is any clearer as yet and we certainly have not been given the green light to use such systems.
Back in October 2011, The European Court of Justice ruled that the way the Premier League sell broadcasting rights and restrict viewing by geographical constraints is contrary to EU law.
It also clarified that as the matches shown could not be considered the author’s own intellectual creation, the game being broadcast couldn’t itself be subject to EU copyright law. It did however note that commentary, title music and corporate logos included in the program could be covered.
As they account for only a small proportion of the content, it was unclear how the courts would proceed with this. With this complicated law, they could decide the copyright content of a program is insufficient to effect the restriction of the entire program.
Only last week, Lord Justice Kitchin ruled in the High Court that transmission of certain systems could be in breach of European copyright law.
This prompted the likes of Media Protection Services and co to claim victory and re-commence pursuing convictions against publicans for using any such alternate system.
This is no closer to the truth than to suggest a free for all on the back of the ECJ ruling. The only thing that has been made clear is how unclear this part of the case is!
These copyright issues are extremely muddy waters. The fact a well respected High Court Judge has agreed with experienced ECJ colleagues that this is a complex matter that will take some time to sort out speaks volumes.
There is a whole lot of mileage left in this case and no easy answers in sight just yet, so although this is a great result for Karen Murphy, and not quite what the Premier League would have us believe, it is still a potential nightmare.
Those using foreign systems need to tread very carefully!
It also clarified that as the matches shown could not be considered the author’s own intellectual creation, the game being broadcast couldn’t itself be subject to EU copyright law. It did however note that commentary, title music and corporate logos included in the program could be covered.
As they account for only a small proportion of the content, it was unclear how the courts would proceed with this. With this complicated law, they could decide the copyright content of a program is insufficient to effect the restriction of the entire program.
Only last week, Lord Justice Kitchin ruled in the High Court that transmission of certain systems could be in breach of European copyright law.
This prompted the likes of Media Protection Services and co to claim victory and re-commence pursuing convictions against publicans for using any such alternate system.
This is no closer to the truth than to suggest a free for all on the back of the ECJ ruling. The only thing that has been made clear is how unclear this part of the case is!
These copyright issues are extremely muddy waters. The fact a well respected High Court Judge has agreed with experienced ECJ colleagues that this is a complex matter that will take some time to sort out speaks volumes.
There is a whole lot of mileage left in this case and no easy answers in sight just yet, so although this is a great result for Karen Murphy, and not quite what the Premier League would have us believe, it is still a potential nightmare.
Those using foreign systems need to tread very carefully!
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Hyde Park Noise
It’s a common problem for so many of us. We are just trying to find ways to stay afloat, provide entertainment that will drive footfall and help sustain our business, keeping staff on the payroll through the leaner times, paying the business rates and taxes when trade is tough, not just on those rare occasions the weather or a special event gets our tills ringing.
Then bang! A complaint from a neighbour about a noisy band and all hell breaks loose. Don’t get me wrong, everyone is entitled to a good nights’ sleep and we all do our up-most to keep our neighbours as happy as our customers.
It’s a common problem for so many of us. We are just trying to find ways to stay afloat, provide entertainment that will drive footfall and help sustain our business, keeping staff on the payroll through the leaner times, paying the business rates and taxes when trade is tough, not just on those rare occasions the weather or a special event gets our tills ringing.
Then bang! A complaint from a neighbour about a noisy band and all hell breaks loose. Don’t get me wrong, everyone is entitled to a good nights’ sleep and we all do our up-most to keep our neighbours as happy as our customers.
As such, it is sad to see how often licensees are pressured in to accepting crippling conditions relating to hours and entertainment.
We often find this with pubs that only hold a handful of events each year.
The resulting conditions can have severe financial implications though that will compound existing hardships already faced throughout the rest of the year.
It came as no real surprise when I read about Westminster Council applying even more restrictive conditions on Hyde Park.
Over the years it has become a popular venue and hosted a wide variety of concerts. It cannot be underestimated the value such events bring to the area.
The commercial benefit of such high profile events that boast tourism and increase spend along with the rich diversity the varied offerings bring to the community are invaluable to the local neighbourhood and wider economy.
Considering the park already has the lowest sound levels in the country for such events, and they are restricted to 13 per year you would have thought that the reasonable needs of local residents could be balanced with the benefits of hosting events. Alas no.
The number of events permitted has been reduced from 13 to 9. Combined with a new lower sound level, more stringent monitoring and a huge reduction in capacity allowed to attend such events, it puts huge pressure on the viability of such events at Hyde Park.
As is so often the case though, the impact this vital income has on the venues ability to sustain itself and provide other services and events has been completely under-estimated.
Without the financial support afforded by hosting a small number of high profile commercial ventures, many smaller, but equally important services and functions are put in jeopardy.
We often find this with pubs that only hold a handful of events each year.
The resulting conditions can have severe financial implications though that will compound existing hardships already faced throughout the rest of the year.
It came as no real surprise when I read about Westminster Council applying even more restrictive conditions on Hyde Park.
Over the years it has become a popular venue and hosted a wide variety of concerts. It cannot be underestimated the value such events bring to the area.
The commercial benefit of such high profile events that boast tourism and increase spend along with the rich diversity the varied offerings bring to the community are invaluable to the local neighbourhood and wider economy.
Considering the park already has the lowest sound levels in the country for such events, and they are restricted to 13 per year you would have thought that the reasonable needs of local residents could be balanced with the benefits of hosting events. Alas no.
The number of events permitted has been reduced from 13 to 9. Combined with a new lower sound level, more stringent monitoring and a huge reduction in capacity allowed to attend such events, it puts huge pressure on the viability of such events at Hyde Park.
As is so often the case though, the impact this vital income has on the venues ability to sustain itself and provide other services and events has been completely under-estimated.
Without the financial support afforded by hosting a small number of high profile commercial ventures, many smaller, but equally important services and functions are put in jeopardy.
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PC/BBPA
A ground-breaking if belated meeting took place with a team from the Independent Pub Confederation led by Chairman Bill Sharp and the British Beer & Pub Association (BBPA).
The BBPA were told by the IPC that its concerns that the immediate improvements to the Framework code implemented before Christmas were little more than re-wording of the existing terms and that confusion still existed in respect of the legality of the codes.
The IPC re-iterated that the code content was as important as enforceability and to that end it would welcome the opportunity to present offers to balance risk and reward that would assist the industry to meet the demands of the Government Response.
The IPC again stated that over a period of time offering licensees the option of being tied or being free of tie with a fair rent was the only way to judge properly the fairness of the tie itself.
IPC proposed that all licensees choosing to retain the tie should be offered a guest beer option and that pub owning companies should be able to demonstrate that the inflated tied product prices are balanced by appropriate commercial or financial advantage, including a lower rent. The IPC also agreed to discuss all issues relating to AWP machines.
The IPC took issue with the PIRRS Board who were responsible for the independent dispute resolution mechanism i.e. PICAS.
As an arbitration body dealing with breaches of the Code of Practice and related issues there should not be a fee which licensees needed to pay and which they forfeited if the panel rejected their claim that the Code had been breached.
IPC were informed that the fee was established to discourage licensees from making frivolous claims. The IPC stated that the fee could deter licensees making a claim and that the PIRRS Board should reconsider its position.
The BBPA were told by the IPC that its concerns that the immediate improvements to the Framework code implemented before Christmas were little more than re-wording of the existing terms and that confusion still existed in respect of the legality of the codes.
The IPC re-iterated that the code content was as important as enforceability and to that end it would welcome the opportunity to present offers to balance risk and reward that would assist the industry to meet the demands of the Government Response.
The IPC again stated that over a period of time offering licensees the option of being tied or being free of tie with a fair rent was the only way to judge properly the fairness of the tie itself.
IPC proposed that all licensees choosing to retain the tie should be offered a guest beer option and that pub owning companies should be able to demonstrate that the inflated tied product prices are balanced by appropriate commercial or financial advantage, including a lower rent. The IPC also agreed to discuss all issues relating to AWP machines.
The IPC took issue with the PIRRS Board who were responsible for the independent dispute resolution mechanism i.e. PICAS.
As an arbitration body dealing with breaches of the Code of Practice and related issues there should not be a fee which licensees needed to pay and which they forfeited if the panel rejected their claim that the Code had been breached.
IPC were informed that the fee was established to discourage licensees from making frivolous claims. The IPC stated that the fee could deter licensees making a claim and that the PIRRS Board should reconsider its position.
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Annual Conference
The Guild`s Annual Conference will take place in Kent in May. We have spent the last 2 years at Bournemouth.
Conference will be held at the Inn on the Lake commencing at 2pm on Tuesday 15th May and will continue at 10am on Wednesday 16th May.
Delegates and visitors will be presented with the up to date licensing position by Tom Henry the Guild`s legal advisor. This session is not one to be missed if previous years are anything to go by.
Conference will be held at the Inn on the Lake commencing at 2pm on Tuesday 15th May and will continue at 10am on Wednesday 16th May.
Delegates and visitors will be presented with the up to date licensing position by Tom Henry the Guild`s legal advisor. This session is not one to be missed if previous years are anything to go by.
The Banquet will be held on Wednesday 16th May with Michael providing the entertainment. Michael entertained us at the Christmas lunch at Charlton.
Ring John Madden to book your seats on:
01708 447899
The Inn on the Lake have set aside a number of rooms which can be booked by telephone on:
01474 823333
Please say that you are attending the Guild of Master Victuallers Conference.
Ring John Madden to book your seats on:
01708 447899
The Inn on the Lake have set aside a number of rooms which can be booked by telephone on:
01474 823333
Please say that you are attending the Guild of Master Victuallers Conference.
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SIA Shortage
Licensees are advised to plan well ahead and give careful consideration to security issues this summer. The Olympics are reputed to require some 24700 SIA staff. It is anticipated that with such a high demand and the lure of inflated wages and other ‘sweeteners’, surrounding areas could find themselves seriously short staffed over this period.
Licensees are advised to plan well ahead and give careful consideration to security issues this summer. The Olympics are reputed to require some 24700 SIA staff. It is anticipated that with such a high demand and the lure of inflated wages and other ‘sweeteners’, surrounding areas could find themselves seriously short staffed over this period.
With many licensees looking to capitalise on events this summer with the Jubilee celebrations and Olympics a big priority, it will be prudent to check license requirements and any additional measures that may be needed for Temporary Event Notice applications and ensure existing SIA staff remain loyal and committed to their ‘bread and butter’!
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Funny Joke
Things that are difficult to say when you're drunk...
a) Innovative
b) Preliminary
c) Proliferation
d) Cinnamon
Things that are VERY difficult to say when you're drunk...
a) Specificity
b) British Constitution
c) Passive-aggressive disorder
d) Transubstantiate
Things that are ABSOLUTELY IMPOSSIBLE to say when you're drunk...
a) Thanks, but I don't want to sleep with you.
b) Nope, no more booze for me.
c) Sorry, but you're not really my type.
d) No kebab for me, thank you.
e) Good evening officer, isn't it lovely out tonight?
f) I'm not interested in fighting you.
g) Oh, I just couldn't - no one wants to hear me sing.
h) Thank you, but I won't make any attempt to dance, I have no co-ordination. I'd hate to look like a fool.
i) Where is the nearest toilet? I refuse to vomit in the street.
j) I must be going home now as I have work in the morning.
Things that are difficult to say when you're drunk...
a) Innovative
b) Preliminary
c) Proliferation
d) Cinnamon
Things that are VERY difficult to say when you're drunk...
a) Specificity
b) British Constitution
c) Passive-aggressive disorder
d) Transubstantiate
Things that are ABSOLUTELY IMPOSSIBLE to say when you're drunk...
a) Thanks, but I don't want to sleep with you.
b) Nope, no more booze for me.
c) Sorry, but you're not really my type.
d) No kebab for me, thank you.
e) Good evening officer, isn't it lovely out tonight?
f) I'm not interested in fighting you.
g) Oh, I just couldn't - no one wants to hear me sing.
h) Thank you, but I won't make any attempt to dance, I have no co-ordination. I'd hate to look like a fool.
i) Where is the nearest toilet? I refuse to vomit in the street.
j) I must be going home now as I have work in the morning.
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