Media Protection services beaten again

" Pub football would like to make it clear that although cases have been won against 3pm football, it still remains cut and dry that unless you are in Wales or Northern Ireland then you are contravening Uefa article 48 What we are highlighting is that MPS and Sky are manipulating the truth with what is acceptable, carring it all in one basket and confusing people. We beleive that closed shop football for public performance should remain in the interest of the game. We are how ever 10000% adminant that you are breaking no law by using your system outside this period when you are using an EU member state broadcaster"

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:-

pdixon@molesworths.co.uk

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. ead 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
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.

Any Questions Email -: mike@pubfootball.co.uk