ALTRINCHAM’S House Restaurant and Wine Bar has been hit with a High Court music ban.

And, on top of the ban the bosses have been landed with a bill for nearly £2,000 in legal costs.

The ban was imposed by of the country’s top judges at the court in London after he was told that music police went to the premises and heard music being played when the premises were not properly licensed.

Now in a case which serves as a warning to all pubs, clubs, licensed premises and other premises in the area where music is played publicly the pay-up or shut up order has been imposed.

In the wake of the ban Phonographic Performance Ltd (PPL) who took the case to court warned : “Businesses that choose to play recorded music without a licence may face legal action and possibly hefty financial and other consequences as a result.”

That was what happened in the case of Scott Wildgoose, of Macclesfield, and his company Goose Green Catering Ltd, the  occupier and premises licence holder of the House Restaurant & Wine Bar, 11-13 Goose Green, Altrincham, after they were caught playing recorded copyrighted tracks at the venue without a PPL licence. 

The case went before Mr Justice Mann who imposed the ban on the proprietors, who were not represented in court. It not only bans them from playing copyrighted recorded music at the Altrincham premises but at any premises they run until they bring their licence up to date. The judge also ordered them to pay £1,800 in legal costs run up by PPL in taking the matter to court.

Failure to obey the order and turn any premises they run into a music-free zone until all licence fees are brought up to date would be regarded as contempt of court, the penalties for which can be fines of up to £10,000 and up to six months prison for individuals responsible.

The judge heard that a PPL inspector heard music being played on the premises, when they did not hold a PPL licence. Tracks including “Love My Neighbour” by Liam Bailey, “Love Me Now” by John Legend and “Green & Gold” by Lianne La Havas were heard during the visit on 21 January.

Lawyers for PPL told the judge that solicitors had sent letters to the premises informing them of the nature and extent of PPL’s repertoire and the fact that the playing in public of sound recordings without PPL's licence or permission constitutes infringement of its copyright, and inviting them to acquire a licence.

The ban applies to all forms of mechanically recorded music such as records, tapes and CDs in PPL's repertoire. 

Christine Geissmar, Operations Director, PPL said: “There is an intrinsic value that recorded music adds to businesses, and this judgement acknowledges that the performers of the music and record companies should be fairly rewarded. 

“Businesses that choose to play recorded music without a licence may face legal action and financial and other consequences as a result. Legal action is only ever sought as a last resort where a business continues to play music following repeated attempts from PPL to get the correct licensing in place. 

“PPL issues licences to hundreds of thousands of businesses and organisations across the UK when they play recorded music to their staff or customers.  Licensees include bars, nightclubs, shops, hotels, offices, factories, gyms, schools, universities and public sector organisations up and down the country. 

“After the deduction of PPL’s running costs, all licence fee income is distributed to PPL’s record company and performer members. The majority are small businesses, all of whom are legally entitled to be fairly paid for the use of their recordings and performances. PPL does not retain a profit for its services.”