Licensee fails in appeal over illegally showing Sky

A licensee who appealed his prosecution for showing Sky Sports programmes illegally had it dismissed at Liverpool Crown Court on 23 January 2014.

Michael Marley of the Shillings Bar in Wirral was convicted on 17 September 2013 with Dawn Houghton (Premise License holder) and Sharon Whitehead (Designated Premise Supervisor) after trial at Wirral Magistrates Court of dishonest reception of a television transmission (a Sky televised football match).

Mr Marley, Ms Houghton and Ms Whitehead were ordered to pay a combined total of £14,530.81 in fines and costs.

In response to Mr Marley’s appeal, the Crown Court upheld the conviction, including the original combined fines and costs.  Mr Marley was ordered to pay a further £4,750 in costs, which raises the combined total fines and costs to over £19,000.

Deterrent

Stephen Gerrard, prosecuting manager, Federation against Copyright Theft, said: “Our aim is to help create an effective deterrent to publicans who endeavour to fraudulently show Sky content in their premises. As this case and numerous others have shown, we successfully pursue and prosecute dishonest licensees who are then faced with substantial fines, costs and a criminal record.”

Alison Dolan, deputy managing director at Sky Business, said: “This case reinforces the message that licensees will face legal action when using any system that allows access to matches to which Sky has exclusive rights in the UK without a commercial viewing agreement.

"Sky’s on-going support for FACT in prosecuting licensees who break the law is part of our unwavering commitment to protect the investment that thousands of hardworking licensees make in Sky Sports to build their businesses and entertain their customers.”

Update 

Michael Marley has appealed the decision made by Liverpool Crown Court and requested the case be referred to the High Court.