ACS

A consortium of companies and organisations, including ACS, has won a case against PPL regarding the rates payable for playing in-store music. PPL brought in a new scheme of rates payable in 2005, but following the legal case, new, lower rates will apply. These are based on the pre-2005 tariffs, which are reinstated but with a 10% increase and RPI-adjustment. It has also ordered that the lower rates should take effect retrospectively back to 2005. Making back-claims for these payments is straightforward if you follow this guide.

1. PPL have to refund any overpayment for each licence year, unless the overpayment for a year is less than £50. However, groups of licensees are entitled to add their overpayments together in order to get over the £50 threshold.

2. Stores can now calculate what it is owed itself and demand it immediately. The monies owed will be a debt which, technically, a licensee could enforce if not repaid promptly. In order to calculate the refund owed, any licensee other would need to compile a spreadsheet setting out in relation to each licensed premises: (a) the audible area; (b) the amount that was actually paid to PPL in each year for which a refund is claimed; (c) the amount that should have been paid for each year under the new tariffs; and, (d) the refund therefore owed. This may be complex if premises have changed hands during the relevant period or where the audible area of a premises has changed.

3. Or, you can wait for PPL to contact you. They will write to all licensees explaining what has happened and enclosing a claim form for a refund, which PPL will then calculate. The timetable for this is as follows:

• A draft of the letter to licensees will be shared with ACS and colleagues from the consortium for comments by 26 February 2010. Within 28 days of receiving our comments, PPL must then send the letter and a claim form to every current licensee under the tariffs. It is also obliged to write to former licensees as soon as possible.
• Once it receives a completed claim form, PPL must pay the refund due within 56 days, unless more information is required. If further information is required, PPL must pay within 28 days of receiving it.

If you have any questions about this process, please contact Edward Woodall at ACS on 01252 533014.