Play fair when enforcing music at work laws

SMALL business owners, many of whom are paying hundreds of pounds so they can legally play music at work, are now able to complain to an ombudsman if they believe they have been treated unfairly by the Performing Rights Society (PRS) .

Under the law, business owners have to pay if their staff or customers are able to listen to music played in a range of formats, including hold music recorded on telephones, even if this is not for commercial reasons.  The ombudsman was recommended in a consultation into the new PRS code of practice following a number of complaints from small businesses about the organisation, including less-than-courteous phone calls and unexplained price increases.

However, members of the Forum of Private Business (FPB) have reported they had no idea the service, which was launched in July 2009, existed at all.  “We have received call after call from concerned members complaining about their treatment at the hands of the PRS and the first they have heard about this avenue to air their complaints is when we tell them about it. A PRS licence is a legal requirement and of course an ombudsman is a good way of addressing small business concerns, but it is already difficult to accept yet another cost to businesses. Without a well-understood model such as the TV licence, the frustrations of many small businesses are only compounded by the lack of clarity and information.” said the FPB’s Policy Representative Matt Goodman.

The FPB is concerned that the Society's guidance is badly constructed and confusing. There are over 40 price tariffs on its website, listing the many different costs of purchasing a licence, depending on various factors such as the size of a business.  In addition, many frustrated members have contacted the FPB’s member helpline to complain that often PRS staff themselves do not understand the pricing structure, and even appear to have an agenda to catch firms out.

FPB member Tony Wade owns the Otley-based Trade Labels Ltd, which supplies to the printing industry. After receiving a worrying call from the PRS he investigated and found he does not have to pay.

“Apparently, because only 1 person can hear the radio, we don’t have to pay, but I can’t explain why.  The system is completely confusing. When they initially called there was the assumption that we would have to pay, and I’m convinced they were listening to see if they could hear the radio in the background. I can only presume they are geared towards getting the maximum amount of money they can. I knew nothing about an ombudsman. I had never heard this was available, nor did any other business I’ve discussed the PRS with.” said Mr Wade.

The PRS licensing requirement has forced FPB member Chris Carr, of Hearing Healthcare Centre in Cambridge, to change the way he tests hearing aids.

“There has been no mention of an ombudsman in any of my dealings with the PRS. The first call I received was fairly aggressive and I thought it was a spoof call at first. I used to use the radio to make sure the loop function on our hearing aids works. Now I can’t – it’s an inconvenience. We will be taxed for breathing next.  I agreed to pay – listening to the radio is a necessity to morale up when you’re working in factories on repetitive tasks, but it seems an unnecessary cost we could do without. I won’t say the person who called me from the PRS was a complete prat, but the approach could have been better.  I was not aware of an ombudsman.  Really, they should make sure everyone they contact knows about the service.” said John Constantinou of Gold Brothers Ltd, a metalworker and wire product manufacturer in London.

FPB member Sue McAvoy owns Leander Architectural in Buxton, Derbyshire. Recently, the cost of her PRS licence increased from £217.97 to £339.39.

“I was gobsmacked it went up so much and I have not found out why, but it now works out at about £1 per day, so it’s just another tax. I had no idea I could have pursued this with an ombudsman. They should be more proactive in letting business owners know.” said Mrs McAvoy.

To further confuse the issue, there is another organisation called Phonographic Performance Ltd, from which business owners might be required to obtain a licence.  This combination of factors means that many small businesses must rely on the PRS alone to make decisions about their music licensing.

To contact PRS for Music call:- 0330 440 1601 or on:- 01925 532111 or email.  Phonographic Performance Ltd. can be contacted on:- 020 7534 1000 or at:- ppluk.com.

We would like to hear from any of our readers who have had issues with these groups.  Email us today to news24@southportreporter.com and let us know what happened and what your views are about these groups.

RED ROCKS NURSING HOME, MERSEYSIDE, IS NORTH'S BEST CARE HOME 2009

RED Rocks Nursing Home, Merseyside, is has declared the north's Best Care Home in the 2009 Best Care Home Awards, believed to be the only British care home awards voted on by user ballot. Runners up in the north are Millfield, Greater Manchester and The Flowers, West Yorkshire.

Best-care-home.co.uk, the independent website that enables care home users, relatives and visitors to choose the country's best care homes, this morning announced the results of the 2009 Best Care Home Awards, with Morton Grange in Alfreton, Derbyshire, declared the overall winner.

Voting took place from July to December 2009 through the Best-care-home.co.uk website and by post (the post meaning that many very elderly relatives and residents voted). The criteria for entry was that care homes had to be 3 star "excellent" rated by the Care Quality Commission (CQC) in England. Homes did not pay to be listed or to compete, and Best-care-home.co.uk is entirely independent.

More than 100 care homes were nominated for the award, which is sponsored by Equity Care, and the winners were chosen entirely on the basis of the voting. England was divided into four regions, each with a winner and two runners up, and the results are:

North of England
Winner:- Red Rocks Nursing Home, Merseyside.
Runners up:- Millfield, Greater Manchester and The Flowers, West Yorkshire

Midlands
Winner:- Morton Grange, Derbyshire (also overall Best Care Home 2009 winner)
Runners up:- Brockfield House Nursing Home, Northamptonshire and Lincolnshire House, North Lincolnshire.

South East
St Vincent, Isle of Wight.
Runners up:- John Maesfield House, Oxfordshire and Dorset Lodge, Essex.

South West
Winner:- Chatsworth, Devon.
Runners up:- Jasmine Court Nursing Home, North Somerset and Doveridge Care Home, Devon.

On making the award, Debbie Harris, founder of Best-care-home.co.uk, says:- "There can be no stronger testament for a care home than the opinions of the people who use it - the residents, relatives and visitors. In making this award, I'm able to say with hand on heart that according to the people who matter the most, Red Rocks Nursing Home is truly the best care home in the north of England for 2009."

Debbie, of Tunbridge Wells, Kent, launched Best-care-home.co.uk in July 2009, following her own frustrations in trying to find a care home for a relative, and realising that there was nothing on record to differentiate between any of the 2700 care homes with the CQC's three star 'excellent' rating.

Debbie says:- "Finding a care home for a relative is tough: it's fraught with guilt and worries about whether they'll really be happy and comfortable, particularly as there are so many press stories about poor standards. Asking the people who actually use the care homes must surely be the best way of making a sound judgement. So that's what we do."

On the Best Care Home Awards, Debbie adds:- "The 2009 Best Care Home Awards are a resounding success. Not only do they tell us which are truly the best care homes, and reward them, but they also tell us that up and down the country there are scores of care homes where the users are genuinely happy, comfortable, well cared for and delighted to recommend their care homes to others. It proves that you can find an excellent care home if you know where to look."

NEXT OF KIN APPEAL - ALLAN MOULTON

LIVERPOOL Coroner's Office are appealing for the next of kin of a man who died on Sunday, 17 January 2010. Allan Mouton, was 51 years old and lived in Ludlow Street, Anfield. There are no suspicious circumstances surrounding Mr Moulton's death. The coroner's office is now trying to trace his next of kin. Any next of kin, or anyone who knows of his next of kin, is asked to contact Liverpool City Coroner's Office on:- 0151 233 4710.

SHOOTING ON HATHERSAGE ROAD, HUYTON

MERSEYSIDE Police are investigating following the death of a 17 year old, called Lewis O'Brien, in Huyton on 27 January 2010.  Police were called to Hathersage Road, Huyton, just before 4pm on Wednesday, 27 January 2010, to reports that a boy had been shot. The teenager was taken to hospital, but pronounced dead on arrival.  Merseyside Police said an 18 year old man, from Huyton, had been arrested on suspicion of murder.