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."