Former owners of Kukui nightclub fined for playing records without correct licence
FORMER owners of a Cheltenham nightclub faced the music in court this week for playing records without the right licence.
JS Bars Ltd, which ran Kukui in Bath Road until September last year, was brought before London's High Court for putting on copyrighted music at the club when it did not have a Phonographic Performance Ltd (PPL) licence.
And in addition to the ban, Mrs Justice Asplin, one of the country's top judges, also ordered the company, which was not represented in court, to pay £1,769 in legal costs in the next 14 days.
The company went into administration last year. The club has since been taken over by Kukui Bars Cheltenham Ltd, which does have the correct licence. It means that clubbers will still be able to hear music at the venue.
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The judge was told that JS Bars Ltd were caught after a PPL inspector visited the premises and heard music being played when no licence was in force.
The inspector heard tracks including Bounce by Calvin Harris featuring Kelis, Greyhound by Swedish House Mafia, Little Bad Girl by David Guetta, Spectrum by Florence and the Machine, and Sweet Harmony by David Byrd featuring Liquid on September 14, 2012 – just a few days before the lease was bought by the new owners.
PPL's counsel Fiona Clark said that solicitors had sent letters to the club informing the company of the nature and extent of PPL's repertoire. It advised that playing sound recordings in public without the right licence constituted an infringement of its copyright.
The business was then invited to acquire a licence, but failed to do so.
3 Comments
by Ms_Superstar
Sunday, February 10 2013, 3:26PM
“I wonder how many people didn't go to Kukui this weekend after reading in the Echo that they couldn't play music there . Nothing in the paper version to say this was about the previous owners and that the current owners do have the correct licence. Wish they'd get their stories straight.”
by lordigaga
Saturday, February 09 2013, 5:01PM
“£1,769.....
where are these tough judges when they are needed?”
by tishwash
Saturday, February 09 2013, 3:54PM
“"Kukui Bars Cheltenham Ltd" - So companies being set up to 'shell' from other venues as the owners of Kukui also own Moomoos, fever and the other venue in the same building as Kukui (name escapes me)”