Local Licensee wins Landmark Live Football Appeal

Live Satellite Football Screening Case Won

While he was the licensee of the Fisherman’s Inn in Littleborough, Brian Gannon purchased a legitimate foreign satellite system and subscription so that his patrons could enjoy live F.A. Premier League football but Brian was prosecuted for allegedly watching a game illegally.

The patrons of the Fisherman’s enjoyed watching Chelsea v Birmingham City at 3:00pm on 21 August 2004, but Brian found himself being prosecuted by Mr Raymond Hoskin of the Federation Against Copyright Theft (“FACT”) for allegedly receiving a programme included in a broadcasting service provided from a place in the United Kingdom with intent to avoid payment of a charge applicable to the reception of that programme.  

Having been found guilty by Rochdale Magistrates Court, Brian appealed to Bolton Crown Court and he won the case. On Friday 24 March 2006, HHJ Warnock, sitting with two lay Justices, upheld Brian’s appeal. In delivering the court’s decision, HHJ Warnock said that not only was the court satisfied that Brian had not been dishonest, but that FACT had not even established vital generic elements of the alleged offence.

Commenting after the appeal hearing, Rochdale law firm Molesworth Bright Clegg’s head of Licensing & Regulatory Affairs, Paul Dixon, said, “This is a landmark case. Not only is it the first significant legal authority on this emerging area of law, but it reinforces my view that prosecutions such as this are being driven by the F.A.P.L. and Sky to protect their commercial monopolies. Whilst this case was about a “closed period” match, the generic principles apply to all live satellite broadcasts of FAPL matches. It is a benchmark decision on the issue of criminal liability.”