News: Criminal conviction puts personal licence at risk
- Date: 24/05/2011
- Source: Poppleston Allen
- Author/Solicitor: James Anderson
The landlord of a Coventry pub has had his personal licence suspended for six months for showing Sky football matches in his pub without the appropriate permission. He was convicted at Coventry Magistrates Court of two offences under the Copyright Act and was also ordered to pay £715 in fines and costs.
This case illustrates that a personal licence holder is in 'double jeopardy' in that not only can he receive a criminal conviction and have to pay a fine, but his personal licence and, accordingly, his job, are at risk.
The Court has a complete discretion. It can take no action or ultimately, can order the forfeit of the personal licence - here, a suspension of six months was thought appropriate.
This could have disastrous consequences for the personal licence holder. In a managed house it would almost certainly lead to disciplinary action by the employer. In a small business/tenancy the premises would not be able to sell alcohol unless a replacement personal licence holder was found immediately which could be difficult as well as having a significant cost impact on the business.
Please note: This is a different issue as to whether it is lawful to show televised sport using a different provider from Sky - which has been challenged recently in the European Court of Justice.
For more information contact James Anderson
