Nightclubs, bars and pubs should get appropriate licensing including entertainment licensing to play sound recordings
PRS for Music and PPL Entertainment Licences
Owners of nightclubs, bars and pubs should pay attention to a recent case. The Phonographic Performance Ltd V Nightclub (London) Ltd  EWHC 892 (Ch) case shows what can happen if venues do not have the proper licensing for recorded music.
In short, Phonographic Performance Limited (PPL) applied for an injunction to stop a club owner from playing recorded music without the appropriate licence. This should have been a routine matter except the club owner ignored the PPL until it was too late.
Licence to play background music
The background was that PPL gained knowledge that the club was playing recorded music without a licence. A licence for background music was issued. The club was also playing recordings for DJ sets. The club did not have a licence for that type of entertainment. PPL received payment for the licence but it was too late. Payment was only received after an injunction had been obtained. The club owner failed to attend two hearings.
Make sure you have the right music licence at your club, pub or bar
It was held that:
1. The orders were properly served. The company was in breach of the order and in contempt of court beyond any reasonable doubt.
2. There had been a wilful failure by the club owner to prevent the breach of the order, PJSC Vseukrainsky Aktsionerny Bank v Maksimov  EWHC 3771 (comm) and IPartner pte Shipping Ltd v. Panacore Resources DMCC  EWHC 3608 (comm) applied.
3. There was a deliberate failure to attend the application. The checklist in Sanchez Voboz  EWHC 235 (fam),  Fam Law 380 applied.
4. There would be a separate sentencing hearing.
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