RM25,000 fine for playing music – too steep for restaurant owner

RM25,000 fine for playing music – too steep for restaurant owner

The restaurant was fined for not having an MBPJ entertainment licence. The owner plans to appeal.

PETALING JAYA:
A restaurant owner in Petaling Jaya had the shock of her life when she was slapped with a RM25,000 fine by the Petaling Jaya City Council (MBPJ) for playing piped-in music. MBPJ says it is an offence because she did not have an entertainment licence.

The owner plans to appeal against the hefty punishment.

“To be honest, I cannot say I am an expert in the law, but RM25,000 is a steep fine,” the owner said.

“We don’t have a live band or a DJ booth. We were just playing some music in the background. As a restaurant operator, I was not aware that I needed an entertainment licence to play piped-in music,” she added.

FMT was shown the compound notice which states that the restaurant, at The Square, Jaya One, committed an offence under a Selangor state law on entertainment and places of entertainment. The penalty is a fine of up to RM50,000 or up to five years’ jail or both.

The enactment requires a licence to provide entertainment and a licence to provide entertainment at a particular place.

The owner said she has a licence under the Music Authors’ Copyright Protection (MACP) scheme to play piped-in music. (The scheme protects the copyright of songwriters and fees are collected for their works to be performed in public.)

Petaling Jaya MP Maria Chin Abdullah called the fine “really ridiculous” and pointed out it is the norm for bars and restaurants to play piped-in music.

“I don’t think piped-in music is supposed to be listed under entertainment,” she said.

“There is music wherever you go, even with street vendors. Does that mean these people will be fined too? It’s really unfair to penalise them. They should just be given a warning, if need be.”

FMT has sought a response from MBPJ.

Last month, a restaurant owner told FMT he was seeking a declaration from the Kuala Lumpur High Court that there is no requirement for a licence to play piped-in music under the Entertainment (Federal Territory of Kuala Lumpur) Act 1992. This was after police issued compound notices to customers at two restaurants in Bangsar which had played music.

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