Three Fermanagh publicans have become the first in Northern Ireland to be prosecuted for using Sky television in their premises without the proper licence.
Appearing before Fermanagh Magistrate's Court was Michael Reid, of Willie Ramblers in Enniskillen and Eamon and Rose McCaffrey the licence holders of the Oak Barrell Bar in Lisnaskea. Each were charged with two counts of broadcasting football matches on BSkyB without having a subscription to Sky. For the offence Reid was fined £750, with each of the McCaffrey's ordered to pay fines of £300.
A solicitor for the Federation Against Copyright Theft (FACT) explained that while Sky television had previously taken cases against licence holders, this was the first time FACT had pursued a case in Northern Ireland. The case revolves around the two pubs in question broadcasting football matches without the appropriate license. The prosecuting solicitor explained for Willie Ramblers the cost per annum of a Sky licence would be approximately £8,389.50; and for Oak Bar the cost would be £5879.70 per annum.
Defence solicitor Vincent Maguire, on behalf of Reid, explained the defendant has owned the bar for the last fifteen years, and had been in possession of a Sky licence from 2000 to 2006, when he used the service to provide football matches for his customers. However, Mr Maguire explained Reid ceased to buy the licence in 2006 due to a downturn in business.
The solicitor said Reid was not 'hands-on' in the pub, and that he had always employed a manager in the premises. He said the defendant had instructed his staff the subscription to Sky had stopped.
And said he does not know which member of staff was responsible for bringing the reception box into the premises.
Mr Maguire explained that Reid was in the process of selling his premises and that following detection he had approached Sky to try and buy a licence on a six months subscription which would take him through the sale of the business but was told they did not offer anything less than 12 months subscription.
Eleanor Morris, solicitor acting for the McCaffreys explained her clients found themselves in a similar position in that they are the owners of the pub but are not on the premises, they also employ someone to run the business.
She said that since the detection the McCaffreys had purchased a new subscription for their premises.
Resident Magistrate Liam McNally said both parties had accepted they had dishonestly received the programmes, but he said he was imposing a lesser fine on the McCaffreys as they have since purchased a Sky subscription.