Swansea salon banned from playing music
CUSTOMERS at a Swansea hair salon will have to rely on stimulating conversation for entertainment, after a High Court judge banned the proprietor from playing music there.
Mr Justice Mann banned Louise Holmes from playing music at Primo Taghio, 37 Approach Road, Manselton, Swansea, after hearing she'd been caught playing copyrighted music such as Mercy, by Welsh singer Duffy, and Just Dance, by Lady Gaga, without a music licence.
Holmes now faces the prospect of a heavy fine or even prison if she disobeys the order, which also applies to any other premises she runs. As a result of the proceedings, Holmes, who was not present or represented in court, can also expect a legal bill for £1,400, which must be paid within 14 days.
The judge ordered her not to play any more music at any premises she runs until she brings her music licence up to date. Failure to obey the order would be regarded as contempt of court, the penalties for which can be fines of up to £10,000 and up to two years prison.
The pay-up or shut-up order was imposed after the judge heard that she was caught playing music on the premises when she didn't hold a licence from music royalties collectors Phonographic Performance Ltd (PPL).
The judge was told by Thomas St Quintin, counsel for PPL, that one of their inspectors called at the premises and heard recorded tracks being played in public even though no licence was in force.
He said solicitors had sent letters to the premises informing Holmes 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 her to acquire a licence. Following her failure to do so, PPL's solicitors served notice of this claim on Holmes.
The ban applies to all forms of mechanically recorded music such as records, tapes and CDs in PPL's repertoire, which covers 97 per cent of all music. Music licences can cost hundreds or even thousands of pounds.
A PPL spokesman said you had to pay two separate licence fees when you play a recording in public — a PPL and a Performing Rights Society one.
"A licence is required for any event except a family or domestic gathering, such as a wedding reception or birthday party," he said. "PPL sometimes waives fees for charity events."
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by Norma Dinsdale, Swansea
Saturday, November 07 2009, 2:31AM
“What a load of crap, this country is a sh.. hole, nowonder people emigrate, I feel really sorry for Louise she works hard what for when you get this crap. Fight it all the way girl all the best.”
by louise holmes, Swansea
Friday, November 06 2009, 11:02PM
“I would just like to thank the evening post for bringing to my attention that i had been fined, i since phoned ppl today and asked when was my court date and was told my hearing was October 15th and i had 14 days to pay or i could face jail for 2 years, well it is november the 6th now so i just wonder what would have happened if this story did not go to print, thanks to south wales evening post.”
by Holly, HAFOD
Friday, November 06 2009, 5:16PM
“i am absolutley outraged by what has happened to louise. i have been a customer of her's for numerous years and have got nothing but praise for all that she does and have achieved.. i have been to the salon today and am so angry by what has happened it is unbelievable. This 'so called licence' is just a money making scam. louise has already got a licence, which i would like to add that is clearly on show. this to me is defermation of character to her good name. what a world we live in eh???????”
by julie., swansea
Friday, November 06 2009, 3:32PM
“I am a family friend of louise's. What a lovely family they will do anything for anyone. This is not fair, the ppl are being very greedy, I visit the shop to have my hair done quite often and i like to listen to the music it relaxes me, how can they demand such a high amount of money from her, she already has one licence, and now she has to buy another one, they will be fineing everyone in time cos we will have to have a licence for the house and car, and threatening her with prison if she doesn't pay in 14 days how do they expect her to pay it all in full, she shouldn't be paying it at all Christmas is coming up, and she has two young children, but they don,t care.”
by Caroline, Swansea
Friday, November 06 2009, 11:41AM
“I've been to have my hair cut at various places over Swansea and most of them had a radio on in the background, I like that. What next? Will the shop owners have to pay a fine if customers whistle a tune? Or what if a customers mobile rings in the shop with a chart song ringtone? The world's gone mad I tell you...mad!”
by Daveinuplands, Uplands
Friday, November 06 2009, 11:01AM
“What next ¿ a fine for letting customers read a newspaper they haven¿t paid for!
What about a tax for having a nice view out of the window (think there are plans for this already!)¿
How about a licence to provide a cup of tea or coffee...
Let¿s face it no one goes to a hair dressers to be entertained by music! However, the PPL should be happy that their music is getting a hearing.
How many times have you heard something in the background and thought I like that I must get the album, find out about that music or if it a band thinking I wouldn¿t mind going to see them in concert.
The PPL are seriously shooting themselves in the foot here. If anything they should be paying the saloon for advertising their music!!”
by Jack, My House
Friday, November 06 2009, 9:37AM
“Sledgehammer to crack a nut.
The justice system in this country is a joke.”
by Kerry Turner, Auckland, New Zealand
Friday, November 06 2009, 6:06AM
“Does a bricklayer on site need a licence ? its still a public place. Does a taxi driver have to drive around with the radio off ?
Guess why I moved to NZ !!!!
Whats so bloody Great about Britain ?”
by Christine, Kent
Thursday, November 05 2009, 11:41PM
“What is this country coming too!!!
Ive never read anything so ridiculous.
There are hundreds of young men being killed and maimed for our countries rights in Afghanistan and there are small minded people out to screw a decent law abiding citizen trying to make a living and providing a happy surrounding for her customers.
Get a life!!!!
Theres more important things going on in the world!!!”
by louise, swansea
Thursday, November 05 2009, 11:14PM
“I always enjoy listening to music in the hair dressers and if ppl are going to charge them fr playing music which people want to hear then the customer will have to pay again which will stop people going to hair dressers because they cant afford it putting employers having more businesses crumbling, which Britain doesnt need we should help them to get their businesses to grow then Britain will grow with all the taxes they put on us anyway. They will charge the shops that play xmas carols next and the ice-cream men fr the tunes they play what a stupid ruling, Who made this up I would like to know. We are playing music we have already bought and making the stars records more popular so that they sell more once the customers hear them. Idiots”