Hoppr Entertainment Ltd held a broadcasting licence the babe channel Live 960.
Hoppr must, under condition 12 of its Licence, furnish Ofcom with such information as it may reasonably require for the purposes of exercising its licensing functions.
In addition, under condition 13 of its Licence, Hoppr Entertainment Limited must notify Ofcom of certain information relating to its directors and ownership structure. This includes (but is not limited to) information pertaining to changes, transactions or events that affect its own shareholdings, or the shareholding of any body corporate that controls it; or of any changes, transactions or events affecting its own directors, or the directors of any body corporate that controls it.
Ofcom Decision
In late June/early July 2010 Hoppr Entertainment Limited underwent a change of control, and it submitted to Ofcom a Change of Control Notification form and signed declaration in accordance with Licence Condition 13 of its licence. Between July and November 2010 Ofcom sought further clarification from Hoppr Entertainment Limited as to its directors and ownership structure. A new Change of Control Notification form was submitted in August 2010 which raised further questions as to the ownership structure of Hoppr Entertainment Limited. Ofcom has repeatedly requested that Hoppr Entertainment Limited submit a Change of Control Notification form and signed declaration which clearly and accurately records its directors and ownership structure. Despite these requests, Hoppr Entertainment Limited has failed to comply.
This is a serious breach of Licence Conditions 12 and 13. As a result, Hoppr Entertainment Limited was notified that its licence was being considered for revocation, and it was given a period in which to provide the required information and to make representations regarding the proposed revocation. No response was received from Hoppr Entertainment Limited.
In order to maintain the integrity of the statutory licensing regime it is imperative that licensees comply with conditions 12 and 13 of their licences. On the basis of Hoppr Entertainment Limited’s failure to comply with those conditions, Ofcom has considered that it is necessary, in the public interest, to revoke its licence.
