PPL v John t/a Socialite Bar, High Court
Mr John did not obtain the proper music licence for his nightclub. PPL obtained judgment in default against him and he was ordered to pay costs. He did not pay what was required, and he continued to play music without obtaining a licence. The matter went back to court. Mr John apologised to the court and PPL and explained in mitigation that his partner had a serious illness, he was involved in having to look after two children, and his business was not doing well. He also agreed to pay the outstanding licence fees.
The High Court said that although this was Mr John’s first offence, his behaviour had continued following the first case so he had crossed a line. A 28-day custodial sentence was appropriate; however, this would be suspended for 18 months. In deciding not to award additional damages for a flagrant infringement, the Court decided it was not necessary here, and it had particular sympathy with Mr John and cited the distress he would already have suffered from the committal proceedings arising out of his unwise acts.
