Licensees are being told not to take at face value claims that it is now legal to show football via foreign satellite systems.
Letters have been sent out by foreign satellite suppliers targeting licensees, claiming they can save close to £6,000 a season by using the systems during the closed period, and that they are now legal following the recent case won by Brian Gannon.
The licensee of the Fisherman's Inn at Littleborough, near Rochdale, won a Crown Court appeal against his prosecution where the judge was not "sufficiently satisfied" the licensee had acted dishonestly. But the court did not dispute the copyright legislation and the right of the FA Premier League (FAPL) to take legal action to protect its interests.
Hundreds of letters sent by a Stockport-based company named Global Sport and Art Ltd told licensees: "On Friday March 24 a judge in the Bolton Crown Court, Lancashire, decreed that it is not illegal for landlords to use foreign satellite systems in their pubs." This company offers to fit the system from Saudi Arabian Television with English commentators.
Licensee Gary Smith from the Rising Sun in Manchester contacted The Publican after receiving one of these letters. He said: "I'm not taking this up but a few licensees are. Letters are going out all over. There are pubs in the area that show football on a Saturday afternoon."
However, Tommy Stuart general manager of Global Sport and Art Ltd, says he has withdrawn the leaflet and has promised to let all licensees involved know it was an error. His new leaflet claims the "grey area is becoming not so grey".
The FAPL said cases will continue with 60 prosecutions against licensees who have used foreign systems pending by the end of April.
Ray Hoskin, managing director of Media Protection Services, who is conducting prosecutions on behalf of the FAPL said: "Ultimately the suppliers will have to face the consequences. We have five trading standards departments looking at suppliers at the moment."
A FAPL spokesman said: "This case turned on a highly specific technicality. The legal position is unchanged - it is illegal to use signals from foreign sources and we will continue to enforce this vigorously and will always push for prosecution."
Tony Payne, chief executive of the Federation of Licensed Victuallers' Associations, said: "I will be warning everyone to be cautious as this is only one case. This would need to go to a higher court for a proper ruling."
Pictured: Manchester licensee Gary Smith was suspicious of the offer from the foreign TV company.
What is the law?
The FA Premier League (FAPL) does not allow any British broadcaster to show Premiership games on a Saturday afternoon between 2.45pm and 5.15pm - called the "closed period".
It sells the rights in the UK and abroad to various satellite companies in their respective countries. The FAPL owns the copyright to the matches and is protecting its interests under copyright law.