Licensee loses in second FAPL case

Licensees could still face legal action over foreign satellite screenings, even if they have been acquitted first time round.

Karen Murphy, 42, licensee of the Red, White and Blue in Southsea, Hampshire, one of the 'Portsmouth Five', was convicted at Portsmouth magistrates court on January 26 on two counts of illegally showing Premiership football matches without purchasing a Sky decoder box.

Ms Murphy had previously been acquitted of the same charges back in July 2006 on the grounds of "subjective dishonesty".

The court ruled that the offences, which occurred on August 19 and September 25, 2006, were in breach of copyright regulations. Ms Murphy admitted screening the two matches on the dates in question using the Greek satellite operator Nova and was fined £1,500 per offence and £5,000 in costs.

She said she was led to believe that she was not breaking any laws by showing the matches after being advised by her solicitors, Molesworths, Bright & Clegg.

Speaking after the judgment, Premier League spokesman Dan Johnson said: "We are delighted with the clarity and strength of this ruling and hope it lays to rest once and for all the so-called debate over the illegal use of foreign satellite systems."

Tony Payne, chief executive of the Federation of Licensed Victuallers' Associations, said: "I can't understand licensees risking it. This is a dangerous thing."

In June 2006, the five Portsmouth licensees pooled resources to challenge the copyright laws. Another of the five - Derek Hopper, licensee of the Royal Exchange in Southsea, Portsmouth - is fighting his case on July 9 and 10.