Pub boss fined for showing Premier League football matches on Sky

Kenneth Banks is now set to appeal his case to the High Court in London after failing to convince a district judge of his defence argument which relies on European law.

Sky investigators who had been sent to the pub found he was illegally screening games using a domestic licence which is much cheaper than the business rate. The commercial Sky bill for the pub would have been £1,044 a month.

Banks had denied five offences of dishonestly receiving a programme with intent to avoid payment saying that viewers in EU countries watched the same games for free and under European law everyone should be on a level playing field.

District Judge Michael Morris found the case proved on September 29 but reserved judgment in order to 'fully understand and consider' the legal arguments.

At a hearing at Walsall Magistrates Court he ordered him to pay £3,500 in fines and costs for his actions at the Rosehill Tavern in Wednesbury when he was premises supervisor.

He told him: "It is not for me to rewrite legislation. It is for me to consider whether on the facts of this case that UK legislation is compatible with the European Treaty. I do not find that European law is engaged and I do not find there is any breach of the treaty.

"I note the case I am dealing with may not be criminalised in other EU countries but it is a criminal offence in the UK."

The case comes amid an ongoing quest by Sky to stop pubs using cheaper foreign decoders or using residential boxes to avoid its commercial fees, to show matches that it claims it has exclusive rights to air.

The issue famously went to the High Court in 2012 after Portsmouth landlady Karen Murphy had her conviction overturned on appeal for using a cheaper Greek decoder to bypass Sky fees. A European Court of Justice ruling found partly in her favour on various issues of law.

Andrew Johnson, prosecuting Banks on behalf of the Federation Against Copyright Theft, had argued that the case was different to others because there was no foreign element being used.

Paul Dixon, defending, claimed this was discrimination and that if he had been using a Swedish broadcast, he would not have been prosecuted.

The pub had previously taken out a commercial agreement with Sky in 2008 but this was terminated in 2011.

Banks, 35, now of Hobs Road, Wednesbury, was fined £1,000 and ordered to pay £2,500 prosecution costs.

Afterwards he said: "Everyone has an opinion on these sorts of cases. I can only say that I am appealing my conviction in a higher court."