Radio station breached licence conditions, Ofcom finds

A community radio station breached the conditions of its licence for failing to provide information about its ownership and finances, the broadcast regulator Ofcom has ruled.

SWU.fm in Bristol could be fined for not having disclosed details about its "apparent close connections" to Rinse FM, which acquired the station in 2023, and for not filing financial reports on time.

Ofcom cited as an example SWU.fm's online presence being a page on Rinse FM's website. Under section 7 of the Community Radio Order 2004, organisations are prohibited from holding more than one community radio licence.

SWU.fm and Rinse FM have been approached for comment by the BBC.

Ofcom also said it also had concerns about "joint email accounts; and potential links between the sole director of Rinse FM and the sole director of SWU".

"In October 2024, Ofcom wrote to the licensee [of SWU.fm] to request information relating to the ownership and control of SWU.fm Ltd. In particular, we requested 'a statement and/or any evidence to explain whether Oliver Watton does or does not have a connection to Gordon Warren and Rinse FM'."

It also said: "We have been reviewing the ownership of SWU.fm Ltd due to concerns that the director of Rinse FM may have defacto control over SWU.fm.

"To date, the licensee has failed to respond to the request for information."

SWU.fm launched in October 2020 as a youth-led community radio station with a focus on Bristol's dance music scene.

It ceased broadcasting in 2022 due to soaring maintenance costs but was acquired by Rinse FM the following April and returned to the airwaves.

SWU.fm has also failed to submit its annual community radio finance report for the past three years by the specified deadline, the Ofcom report added, which is a "serious and fundamental breach of a community radio licence."

"There are statutory restrictions on the funding of community radio stations," it continued.

"It is of fundamental importance that Ofcom can verify that a licensee is complying with its licence requirements relating to funding."

Ofcom said it had received one email from SWU.fm stating that all emails had gone to its junk folder.

"The email confirmed that Oliver Watton was the director of SWU.fm Ltd however it did not respond to Ofcom's ownership or community radio finance report requests."

The regulator has ruled that SWU.fm breached condition 9 of its licence, which relates to provision of information, and a panel will decide its sanction.

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