Re: Performing Rights Society Again # Sole trader
Posted by Martin Kelly on April 20, 2012, 10:06 pm, in reply to "Re: Performing Rights Society Again #"
I've had the usual pestering calls from PPL and the most recent was 10 days ago. I had heard that a sole trader was exempt so being a one-man-business I pursued this line and when I was asked what I do when visitors arrive I stated that firstly there is a notice saying No Unauthorised Entry and if they do enter I turn the radio off. |
I was then told that I would receive an invoice for £71 approx.
I vented my annoyance and said I would appeal on the grounds of entrapment due to the line of questioning and lack of forthcoming help.
I then received the invoice, looked on the PPL website under FAQ's - 'I work alone do I need a PPL licence?' From PPL website below,
The courts have given guidance on the legal meaning of 'playing in public' and have determined that it covers any playing of music other than in a domestic context. There is no legal requirement for a minimum number of people to be present. On this basis, the playing of recorded music in a business environment will ordinarily require a PPL licence, including where this is only audible to workers. Recorded music can be a powerful business tool, whatever the size of the business.
However, PPL operates a discretionary licensing policy in respect of lone workers, as follows:
Lone workers in factories and offices
PPL does not require a business to obtain a licence under PPL's Factories & Offices tariff (PPL212) where both of the following criteria apply:
1. It is a factory or office with only one worker; and
2. Recorded music is not played at any time when any other person is at, or visiting, the premises (such as another staff member, a member of the public or any other visitor).
Please note that, in the event that a factory or office meets the above criteria but is also using recorded music in other ways (such as telephone music on hold), it would still require the appropriate PPL licence for those other uses.
Lone workers in other commercial premises
PPL similarly would not require a lone worker to obtain a licence to play recorded music as background music at other types of business premises, provided that it is not played at any time when any other person is at, or visiting, the premises.
An example would be a shop where there is only one member of staff, and recorded music is only played when the shop is closed to customers and other visitors. Under its discretionary licensing policy, PPL would not require the shop to obtain a licence for this. Similarly, PPL would not seek to license a worker playing recorded music when alone in a company car or delivery vehicle.
We would encourage businesses to contact PPL so that we can advise further on what (if any) PPL licensing requirements may be applicable to their specific circumstances. PPL may vary its discretionary licensing policies from time to time but we do not have any current plans in this regard and we would give reasonable notice to our customers before doing so. PPL has a separate discretionary licensing policy in respect of home offices.
I phoned them and explained what had happened, quoted the fact above and they have now cancelled the invoice and said that I will not be contacted again, perhaps a random inspection?