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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a private members club, we applied consent

Resolved Question:

I own a private members club, we applied consent of use which had a number of objections mainly regarding noise and parking. The council granted us temporary permission with a view to us proving ourselves - which was fair enough. Due to the nature of the club our members (couples and singles aged 25-65) are actually very quiet and descrete so no problems have been reported in the 6 months of trading exactly as we thought it would be.
The problem I have is one of the original objectors who lives about a mile and a half away (and appears to object only on moral or religious grounds) has taken it upon himself to be a one man protest outside our building during the first few hours of opening every friday and saturday evening, this has been going on 5 months now.
He has also tried to report us to the council of our conditions which of course we are not but they have to follow it up. He has put letters through nearby residents doors asking them to join the protest at specific times and also to "fill up" the local public car park with their cars so our members cannot park. Plus a number of other things such as degrading online forum posts and threats to put us out of business.
I have contacted the police to see if they can move him on under S5 or S4A but (and I agree) "They have more important things to do" is the attitude I keep getting. The man carries a placard with offensive comments about the business which is upsetting customers who want to come to arrive at the building without being so obviously watched or stared at. I have photos of the messages on the placard, and full details of the man involved.
I am looking to get an injuction to stop him from coming near the building / photographing members etc during opening hours - I have more information available but thought you might be able to tell me from this overview if this would be possible or not? Or give an idea of how much this might cost. Many Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Is it on private or public land when he protests please?

Customer:

He stands on the pavement at the edge of our property

Alex Watts :

Your only chance really if the Police wont do anything is potentially seek a civil injunction .

Alex Watts :

Of course it depends on whether a Court views this as harassment.

Alex Watts :

One has a right to protest of course, as we are a democracy.

Alex Watts :

But it may be worth getting a Solicitor to write a letter and ask him to stop.

Alex Watts :

Or say you will seek a Court order.

Alex Watts :

If he refuses then you could issue proceedings.

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court would send a copy to the other side and list the matter first hearing.

Alex Watts :

A Court would decide if the matter was contested and if so set the matter down trial, with a Judge deciding whether to grant an interim order.

Alex Watts :

But I would suggest a Solicitor letter to start with.

Customer:

can you recommend a solicitor or shuld I use a local firm? roughly how much do you think it should cost?

Alex Watts :

the term harassment is used to cover the 'causing alarm or distress' offences under section 2 of the Protection from Harassment Act 1997 as amended (PHA), and 'putting people in fear of violence' offences under section 4 of the PHA.

Alex Watts :

I think a letter would cost £250

Alex Watts :

To find a local Solicitor you can go to:

Alex Watts :

http://www.lawsociety.org.uk/for-the-public/using-a-solicitor/find-a-solicitor/

Alex Watts :

Can I clarify anything about this today please?

Customer:

No thats been very helpful - thank you time

Alex Watts :

Great. Can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

ok thanks . . . I'm off to read those forms and find a solicitor

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