Sky urged to “to call a halt to its campaign of prosecutions" against licensees on domestic card use
Paul Dixon of Molesworths Bright Clegg was speaking after a case was dismissed against Stan Ashton of the Friary Vaults, St Judes, Plymouth for allegedly showing Sky domestic broadcasts in his premises without a Sky commercial contract.
The prosecution was brought by the Federation Against Copyright Theft (FACT) on behalf of BSkyB.
FACT alleged that Ashton had shown three Sky Sports Live broadcasts of Premier League football matches at the Friary Vaults in August and October 2011 without having a Sky commercial contract.
However the case was dismissed by Plymouth Magistrates Court on Tuesday 4 September.
Speaking after the two day trial Dixon said: “The magistrates had no hesitation in dismissing the charges against my client. Stan Ashton is a credit to the licensed trade and one of the kindest people you could ever wish to meet. I am delighted that were able to establish his innocence and preserve his good character.
“This is the fourth case of this type against clients of mine that has been thrown out by the courts in the space of two weeks. The time has come for Sky to call a halt to its campaign of prosecutions against the licensed trade.”
The PMA reported last week that three other licensees represented by Dixon had prosecutions dismissed for allegedly using sky domestic cards to show sport in their pubs.
Sky said that it was FACT, not Sky, which prosecutes licensees and that this judgment was inconsistent with previous rulings with similar facts in which there have been over 1,500 successful criminal prosecutions by FACT.
A spokesperson said: “Sky is committed to protecting our legitimate subscribers and continues to support FACT in the actions they take against licensees who wish to view Sky in their premises without a commercial viewing agreement.”
Meanwhile, a Northumberland licensee was convicted and ordered to pay £4356.31 in fines and costs yesterday after a successful prosecution by FACT.
A Mr Lucas, of Burton House, Cramlington pleaded guilty to three offences of dishonest reception of a television transmission (a Sky televised football match) without a commercial viewing agreement.
The case was heard before Bedlington Magistrates Court.