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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2001 (Nov) we lost our business and subsequently our home

Customer Question

In 2001 (Nov) we lost our business and subsequently our home due entirely to a
police officer lying in writing and subsequently in court whilst under oath.
Has too much time passed to re-look at this?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.Was this a civil or criminal matter please?
Customer: replied 2 years ago.

I'm sorry but I an unsure. It revolved around our night club which was infiltrated by under cover police officers who were given money to enter and then try to buy drugs. The court case was to determine as to whether our entertainment licence would be revoked.

In a report written by the police officer he stated that

"Mr & Mrs Lane were actively involved in or turning a blind eye to drug dealing on the premises". This claim alone was enough to persuade magistrates that we should lose our licence even though neither of us were charged and indeed my wife wasn't even questioned. This was just one of a number of lies used in the report sent to the council and subsequently used in the magistrates court.

Hope this helps

Don Lane

Expert:  Ash replied 2 years ago.
Ok, so the council licensing committee looked at this and revoked the licence?
Customer: replied 2 years ago.

Yes. We were advised by our solicitor that we had 14 days from the date of the police report to appeal to the council licencing committee.

We later discovered that this wasn't the case, in fact we could have waited much longer and it was the council who had 14 days from our request for an appeal to set up the hearing.

Our solicitor was to be away on holiday at the time of the hearing and another partner appeared for us (not impressive). At the end 2 councillors voted for the revocation 1 voted against and 2 abstained.

Don Lane

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. You have a limited time in which to Judicially Review the decision of the Council, this is 3 months. Sadly you appear to be 10+ years too long.
Therefore sadly you have no right of action and any claim will not be successful.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Good Morning Alex

Thank you for very prompt replies.

There are two related questions which I would like you to consider and if these do not come under the original cost of £38 please let me know.

I believe that I have categorical proof that the police officer lied and lied again, is this an avenue to be investigated?

In his original report sent to the Council he claimed that he 'warned' me about concerns of drug dealing in the club. At the magistrates hearing he admitted that he had not done so but that he had 'hinted' about his concerns, however, when making a claim under our loss of licence insurance the insurers quoted the officers 'warning' as a reason not to pay the £175,000 insured amount.

Could we at this late stage have any grounds for complaint on either or both of these complaints.

Sorry, I still refer to "we" from habit. To put you in the picture I should explain that following the loss of our business but even more the loss of our home, my wife went through along period of depression and could not discuss anything to do with the issues. Then in 2006 she was diagnosed with Motor Neurone which caused her death in 2009.

I mention these points merely to explain the delay in asking for advise.

Kind regards

Don Lane

Expert:  Ash replied 2 years ago.
1) Lied, that does not necessarily give grounds to re-open given the length of time. Remember this is not a criminal trial.
2) You can complain but I dont think you can revive the existing licencing decision.
IO am sorry.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Alex That seems to be that

Don Lane

Expert:  Ash replied 2 years ago.
Thanks!