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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Every year the council insist I chaperon an inspector to help

Customer Question

Every year the council insist I chaperon an inspector to help me, to help them determine a license.
In practice some spotty junior turns up to advise me on 40 years in the industry and maintenance thereof, which I can just about tolerate. However the subsequent reports are so general they even state " where ... defects exist they should be made good"; they invariably invariably bear little relation to the property let alone the visit and, I have even seen the previous year's report (with the same spelling mistakes and all) issued with the subsequent year's date on it. The government's advice on councils also frowns on sole inspectors. Eventual I advised the authority I was not putting up with this and make their own inspection and just send me the report; there would always be someone else at the premises and offered them a key in any case.
I see the legislation states the license can only be granted if the council believes the applicant and premises are suitable (its safety, security, nusence location, etc). There is no mention of visits or chaperoning. But it does say the authority can make any inquiries it sees fit.
The council now proposes refusing the application on the grounds it invited me to inspections, I responded I would not be there, the council turned up anyway but "no access was gained" because I was not there.
There is no adverse comments and it seems the council's objection is simply that as I did not chaperon their proposed visits.
In the absence of any legislation obliging me to chaperon is there even a question of reasonableness? How are they requiring me to enable their visits on pair of refusal?
SA
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 11 months ago.

Well, I suppose the enquiry about of my legal obligations to Open up and Chaperon inspections. When the spirit or or the letter of the law does not require to involve owners in determining the application. SA

Expert:  Ash replied 11 months ago.
What is the licence for, as it is not clear?
Customer: replied 11 months ago.

Prefer no to mention.SA

Expert:  Ash replied 11 months ago.
I need an idea, rental property, for pub licence etc?

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