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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70705
Experience:  Over 5 years in practice
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Hi, We are an independent family run public house. On Sunday

Customer Question

Hi, We are an independent family run public house. On Sunday evening a 19 year old girl, who works for us, came to the pub, she was not on duty. She was drinking with my husband and myself, her boyfriend, who was not drinking & a number of other friends and staff. She was in the bar approx 2 hours and drunk approx 4 shots and several glasses of wine. She was intoxicated, but not out of control, falling over, sick or otherwise incapacitated. Her boyfriend took her home to her parents house, they then decided she needed to go to a & e, she was put on a saline drip and released within hours.

Her parents have involved a local licensing policeman who has visited us, seen cctv coverage of the evening and is happy that no wrong doing has occurred. There is no evidence or professional suggestion of any drink spike.

Her parents have then decided via text, verbally and via social media to implicate the pub in what happened. An example from Facebook is.. "worst weekend ever, and just for the record you bunch of arseholes she's still being sick compliments of royal oak"…'not in great way ended up in a & e all night bloody arseholes looks like drink spike"

My question is do we have any rights to insist the comments are removed and recanted/apologised for. Our business is in a rural Dorset village, we have spent 5 years creating a good reputation and are livid that unfounded remarks can be written.

Many thanks
Sarah Fox
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How long has this been going on for please?
Customer: replied 3 years ago.

It occurred on Bank holiday Monday, would just like them to have to remove comment and apologise.

Expert:  Jo C. replied 3 years ago.
You have two causes for complaint.

Firstly, refer this matter to the police with a view to getting these people warned under the Protection from Harassment Act. The police are under a duty to prevent harassment and this is no doubt harassment although some police forces take it more seriously than others. You may have to press the police.

Secondly, write to them although a solicitors letter will have more effect, telling them to remove these posts forthwith It is called a "cease and desist letter".

Tell them that if they do not do it immediately, you will make an application to court for an injunction to make them remove the posts and to make them apologise. The application to court will also include an application for court and solicitor's costs and an application for compensation in respect of damage to reputation.

Hopefully, the letter will do the trick

Can I clarify anything for you?

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/