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 its an offence because she did not have an entertainment licence.
The owner, who has a Music Authors’ Copyright Protection (MACP) licence, is planning to appeal the hefty punishment.
FMT has sighted the compound which states that the restaurant at The Square, Jaya One, committed an offence under Section 6(1) (a) and (b) of the Selangor Entertainment and Places of Entertainment Enactment 1995 (Amendment 2001) by carrying out entertainment activities (piped-in music) without a licence from MBPJ.
“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.
Section 6(1) of the Selangor Entertainment and Places of Entertainment Enactment 1995 (Amendment 2001) states that no person shall provide entertainment at any place unless a licensing officer has granted; (a) a licence to provide such entertainment, and (b) a licence to provide entertainment at that place.
Those found guilty are liable to a fine not exceeding RM50,000, imprisonment for a term not exceeding five years, or both.
The owner, meanwhile, says the MACP licence allows her premises to play piped-in music for a certain fee.
Speaking to FMT, 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 reached out to MBPJ for comment.
Last month, a restaurant owner told FMT said he was he is 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.