Subscribe

PPL Refunds – Update

We have previously reported on the High Courts decision to require a repayment of many millions of fees to operators, which were erroneously paid to the PPL.

Advice has now been issued as to how you recover your money, however there are certain restrictions.

The PPL has written to 41,000 hotels, restaurants and pubs regarding the refund system. Therefore, if you receive correspondence from the PPL, please do not dismiss it as junk mail.

There are certain criteria in relation to any claim.

Firstly, it only relates to payments after 2005.

Secondly, if you have overpaid by £50.00 or less you will not be entitled to a refund.

Thirdly, £50.00 overpayment generally equates to an audible area of 100 square metres or below and in the decision you are not allowed to include areas such as foyers and receptions in which the music might be audible, but is not significant contribution to your business.

Fourthly, this calculation particularly applies to hotels and if you are a hotel operator, your claim form will ask you to update the audible area.

Lastly, the PPL has the facility to raise a surcharge if you were late by more than 28 days in paying your licence renewal in any year. This equates to 50% of the tariff for that year and may significantly reduce the amount you are entitled to.

However, it is still worth making an application despite the above. For example, if you had an audible area for music of between 300 and 400 square metres in 2009, you would have paid £464.80 to the PPL. If you paid promptly, the actual amount due now under the tribunal decision is only £109.75, providing you with a substantial refund for that year alone of £355.05 and if you had been paying on this basis since 2006, you could be entitled to a refund of £1,330.75 !

It is also worth knowing that once your completed claim form is with the PPL they must make the refund to you within 56 days, unless extra information is required. This could therefore result in a nice cash injection before the end of the Summer.

If you do not receive a letter automatically from the PPL, we would recommend that you contact them to establish your claim and this is easiest via their website where you can download a claims form.

The website can be accessed via this link www.ppluk.com/en/music-users/copyright-tribunal-refunds.