THE atmospheric accompaniment of sitar and tabla music may soon cease to be part of the British tandoori and balti experience. Indian curry houses are under threat of a legal crackdown on their choice of background music.

If they fail to pay performance fees for the right to mix Ravi Shankar with the scents of masala, rosewater and joss sticks they will be liable to court action taken against them by the Performing Right Society (PRS) and Phonographic Performance Limited, the UK’s official collectors of musical royalties.

Hundreds of musicians, from Bollywood stars to British Bhangra rappers, are now earnestly seeking payment for the use of their recordings which help to create the authentic Cobra-fuelled curry ambience for thousands of British diners. The royalty collectors will begin inspecting Indian restaurants suspected of playing unlicensed music in September, but so far they say that only 3,000 of Britain’s 12,500 Indian restaurants have taken out music performance licences. Action in the civil courts will follow if they fail to sign up now.

The necessary licences cost around £215. John Axon, executive director of the PRS, pleaded with restaurant managers: “It’s just 60p a day: that’s barely the price of a poppadom.”

Nonetheless the annual charge might persuade many restaurants to opt instead for the sound of silence. Enam Ali, editor of Spice Business, the Indian restaurant trade magazine, said: “It is a very competitive business and the price is too high for small outlets. Some even buy music tapes off pirate stalls to save money. We don’t want a heavy-handed approach.”

Music is a vital tool for retaining customers, said Sanjay Anand, owner of Madhu’s in Southall, West London, which was named British restaurant of the year at the 2004 Cobra Good Curry Guide Awards.

Mr Anand said: “We respond to diners’ requests and it isn’t all sitar music. Sometimes we play traditional Hindi songs, then later on we introduce some bhangra and hip-hop.” Restaurants should be prepared for incognito visits from music licence inspectors. If they are found to be playing unauthorised music there will be a visit from the new PRS “copyright protection office”.

Mr Axon, who admits to being a “curry freak” himself, said: “We will not act like the music police but we will point out that every establishment needs a licence for the public performance of music.”

MUSIC MENU

Top restaurant music at Madhu’s of Southall:

Soft Instrumentals by A.R. Rahman

Instrumentals by R Burman/Asha Bholse

Memorable Ghazals by Jagjit Singh/Chitra Singh

Buddha Bar by Various

Kabhi Khushi Kabi Ghum (film soundtrack)

Soft instrumentals by Kishore Kumar

Fresh Melodies by Various