Subject: Fwd: Virginia Media Dispute Date: Friday, 29 January 2021 at 9:35:26 Greenwich Mean Time From: Alison McBeal To: Attachments: 2019 Directive.pdf; European Union (Broadcasting Services) Regulations 2020.pdf; Intoxicating Liquor Act 1927 (extract).pdf Hi all, I received the below from Sir Arthur Vandelay last night. I have drawn together the relevant bits of the legislation, but I'm afraid my EU law is a little rusty. Ireland's Broadcasting Service Regulations implement the 2019 Directive, but it looks like the two don't exactly align. I've searched the Commission for Communications Regulation's register and I can see that Virginia Media is fully licensed and regulated, but I'm not sure if that makes a difference. Could one of you please draw up a memo addressing the following questions: Does the 2019 Directive have any direct or indirect effect that can be used against Virginia Media Ltd? Can we use the 2019 Directive to force Virginia Media Ltd to sell the Dutch package? Maybe we could try interpreting the Irish definition of "Sports Bar" so that it fits with the Directive? If the answer to any of the above is "no", might we be able to bring a state liability action against the Irish Government? Good evening, Ms McBeal, As you are aware, I run one of the UK's largest hospitality and leisure businesses. We also operate in a number of other countries, including Belgium, the Netherlands, and Italy. Many years ago, we began operating a number of venues in Dublin. These include two large pubs: the Bank on College Green; and the Elphin. These are family-friendly venues, they serve food, and have multiple televisions for showing live sport, mainly football and rugby. Page 1 of 2 Friday, 29 January 2021 at 9:45:45 AM Greenwich Mean Time For years I've been paying Virginia Media Ltd over 4,000 a month for each venue to show live Premiership football . This is more than twice what I pay the same company for the same service for similar venues in the Netherlands. Naturally, I was delighted when I heard about this new European Sports Broadcasting Directive, which will force media companies to offer the same terms across Europe to pubs that show sports. When my contracts were due for renewal last month I ordered for these pubs the same package I buy in the Netherlands, but Virginia refused to sell it to me. They say that I'm not a 'Sports Bar' under Irish law and I'm not, therefore, covered by the Directive. I'm absolutely furious! This is going to cost me an extra 50 grand this year. Can't I force Virginia to sell me the cheaper package? If not, is there anything else I can do? Subject: Fwd: Virginia Media Dispute Date: Friday, 29 January 2021 at 9:35:26 Greenwich Mean Time From: Alison McBeal To: Attachments: 2019 Directive.pdf; European Union (Broadcasting Services) Regulations 2020.pdf; Intoxicating Liquor Act 1927 (extract).pdf Hi all, I received the below from Sir Arthur Vandelay last night. I have drawn together the relevant bits of the legislation, but I'm afraid my EU law is a little rusty. Ireland's Broadcasting Service Regulations implement the 2019 Directive, but it looks like the two don't exactly align. I've searched the Commission for Communications Regulation's register and I can see that Virginia Media is fully licensed and regulated, but I'm not sure if that makes a difference. Could one of you please draw up a memo addressing the following questions: Does the 2019 Directive have any direct or indirect effect that can be used against Virginia Media Ltd? Can we use the 2019 Directive to force Virginia Media Ltd to sell the Dutch package? Maybe we could try interpreting the Irish definition of "Sports Bar" so that it fits with the Directive? If the answer to any of the above is "no", might we be able to bring a state liability action against the Irish Government? Good evening, Ms McBeal, As you are aware, I run one of the UK's largest hospitality and leisure businesses. We also operate in a number of other countries, including Belgium, the Netherlands, and Italy. Many years ago, we began operating a number of venues in Dublin. These include two large pubs: the Bank on College Green; and the Elphin. These are family-friendly venues, they serve food, and have multiple televisions for showing live sport, mainly football and rugby. Page 1 of 2 Friday, 29 January 2021 at 9:45:45 AM Greenwich Mean Time For years I've been paying Virginia Media Ltd over 4,000 a month for each venue to show live Premiership football . This is more than twice what I pay the same company for the same service for similar venues in the Netherlands. Naturally, I was delighted when I heard about this new European Sports Broadcasting Directive, which will force media companies to offer the same terms across Europe to pubs that show sports. When my contracts were due for renewal last month I ordered for these pubs the same package I buy in the Netherlands, but Virginia refused to sell it to me. They say that I'm not a 'Sports Bar' under Irish law and I'm not, therefore, covered by the Directive. I'm absolutely furious! This is going to cost me an extra 50 grand this year. Can't I force Virginia to sell me the cheaper package? If not, is there anything else I can do