THE proprietors of Stourbridge’s Arena, which boasts on its web site being the town’s “premier Night Club and Private Venue Hire” have been taken to London’s High Court.

And as a result one of the country’s top judges has imposed the sounds of silence on the premises at 27/29 Hagley Road, Stourbridge. He has banned recorded copyrighted music being played there.

Music police called at the premises and heard music being played there when proprietors of Stourbridge Academy Arena Entertainment Limited, Nicola Morrison, Patrick Sampson and Roger Bishton, who were not at court or represented, did not hold a current Phonographic Performance Ltd (PPL) licence.

Now Mr Justice Nugee has not only banned them from playing music there, but also at any other premises they run until their licences are brought up to date. And he has hit them with an order to pay £2,459 in legal costs run up by PPL in taking them to court.

Failure to turn off the relevant music until the licences are up to date would be regarded as contempt of court the penalties for which can be fines of up to £10,000 and up to six month’s prison for individuals responsible.

The pay-up or shut-up order was imposed after the judge heard that a PPL inspector went to the club and heard music being played on the premises, when they did not hold a PPL licence. The tracks the inspector heard on the visit on 9 September last year included “You Don’t Know Me", "You Want Me" and "More & More."

The case serves as a sharp warning to all pubs, clubs, bars and other premises in the region where music is played in public in the region to ensure their music licences are in order.

Lawyers for PPL told the judge that after the inspector’s visit solicitors had sent letters to the premises informing them of the nature and extent of PPL’s repertoire and the fact that the playing in public of sound recordings without PPL's licence or permission constitutes infringement of its copyright, and inviting them to acquire a licence.

The ban applies to all forms of mechanically recorded music such as records, tapes and CDs in PPL's repertoire.

Christine Geissmar, Operations Director, PPL said: “There is an intrinsic value that recorded music adds to businesses, and this judgement acknowledges that the performers of the music and record companies should be fairly rewarded.

“Businesses that choose to play recorded music without a licence may face legal action and financial and other consequences as a result. Legal action is only ever sought as a last resort where a business continues to play music following repeated attempts from PPL to get the correct licensing in place.

“PPL issues licences to hundreds of thousands of businesses and organisations across the UK when they play recorded music to their staff or customers. Licensees include bars, nightclubs, shops, hotels, offices, factories, gyms, schools, universities and public sector organisations up and down the country.

“After the deduction of PPL’s running costs, all licence fee income is distributed to PPL’s record company and performer members. The majority are small businesses, all of whom are legally entitled to be fairly paid for the use of their recordings and performances. PPL does not retain a profit for its services.”