A TOP JUDGE has called time on music at a York pub - even though the licensees did not know they were due in court.

But Katherine Short, of the Burton Stone Inn in Clifton, said there would still be music at the pub tonight, and that she did not believe they were breaking the law.

The ruling has sparked fears that other traders in York and North Yorkshire could also fall foul of rules preventing them playing music without a licence. Mrs Short and her husband, Robert, who own the lease for the pub, have been ordered to pay up or shut up, after they were caught playing music in the pub without a licence.

Mr Short, 58, who is more commonly known as Mike, is currently the chair of the York Licensed Victuallers Association. The pub was one of a number of businesses taken to court yesterday for not having a music licence. A senior High Court Judge, Mr Justice Laddie, ordered Mr and Mrs Short to keep the pub music-free until their music licences are brought up to date.

But the husband-and-wife team were today shocked to learn the case had gone to the High Court in London. They claim they did not know legal proceedings had been brought against them.

Mrs Short, 54, said: "I am amazed that this can go to the High Court and us not know anything about it."

She said the pub had bought a multi-media machine, which does karaoke and plays computer-generated music, in 2001. She said it did not need a licence, and they had the appropriate licences for the pub's jukebox and playing background music.

Mrs Short said tonight's karaoke night would go ahead as planned - despite the legal action.

But if the pair ignored the order, it would be regarded as contempt of court, and they could face a fine of up to £10,000 or two years in prison.

The Shorts, who were not present at the court in London and were not represented, can now expect a legal bill for £1,100 through the post. The amount must be paid within 14 days.

Pubs need a Phonographic Performance Ltd (PPL) licence to play all forms of mechanically-recorded music including records, tapes and CDs. The licences cost between £83.14 and £207.82, depending on the size of the pub.

George Hayman, representing PPL, told the judge one of their inspectors had visited the pub in November last year. The inspector heard pop tracks such as Round Round, If Tomorrow Never Comes and Scandalous being played, even though no licence was in force at the time.

According to PPL's website, many other businesses need licences, including shops, hairdressers, museums, working men's clubs and waiting rooms in doctor's surgeries and police stations. Businesses even need a licence to play music on their telephone line when customers are put on hold.

Mark Vines, president of the York and North Yorkshire Chamber of Commerce, said the chamber would be contacting its members to make sure they know they need a licence to play background music.

Updated: 10:24 Friday, May 07, 2004