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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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Can anyone help with what we believe might be a Human rights

Resolved Question:

Can anyone help with what we believe might be a Human
rights issue relating to how our council is behaving towards a group of residents
We are living in Scotland
Submitted: 29 days ago.
Category: Scots Law
Customer: replied 29 days ago.
Our issue relates to the car park at the rear of our homes which belongs to the local park which is Council owned
The car park is used for a number of local events including community events including our local Gala Funfair
In the past two years we have now seen other Funfair’s come and use the car park
This year we had one in Feb from a commercial operator and the Gala fair in
June and next week we have another commercial operator coming in Sept
Each commercial Funfair comes for a week and only operatres for 4 days and nights Gala is a one day event
We have no problem with Gala our concern is that we are seeing the frequency of Funfair’s in this car park in some cases within 20 mts of our homes inc bedrooms
We took the recent application to the council licensing committee who reviewed the case and grant the license which is now the third in eight months
We know that we will be back here again in the Spring of 2018
What we what to know about is as these are now becoming more frequent and appear to be granted a license each time are the Council failing in their duty of care to their residents?
Are they breaching the Human Rights Act in terms of Article 8 the right to a peaceful home life in as much as these Funfair’s are now becoming more than an annual event and impacting on the residents bordering the council owned car park
The situation is no resident is against a Funfair what we feel is that it’s the frequency of events we have gone from 1 annual event over past 40 years to now
1 in spring then followed by our annual Gala in June and now 1 in Sept making 3 Funfair’s on top of all the other events held in
The car park inc fireworks each Nov which like Gala we have no issue with
There is a feeling amongst the residents we are being ignored and some feel discriminated against
Bit long winded but it’s a tough one and we need advice to where or who to take this to next
Our local councillor has helped to get it the license committee but our agruement fell as the applicant played the race and discrimination card that it was the posh house being anti Funfair’s and the council took flight on the possible litigation from the applicant
Expert:  JGM replied 29 days ago.

I am a solicitor in Scotland. Thank you for your question. How many objections have been lodged for each application roughly.

Customer: replied 29 days ago.
Via the council opt in scheme regarding tempoary licenses we are technically not allowed to object
We have objected as a group however some residents did not get their objection in on time for this weeks hearing for the Sept funfair resulting in only 3 households being able to be represented at the committee meeting
For the Feb Funfair we got the opt in letter with less than
10 days notice and it was not referred to the License Committee
We did follow that up with a formal complaint which took several
weeks to be answered which ironically was answered late on the night of the council elections and we were fobbed off with technicalities around procedures all of which appeared to favour the council or applicants and not the residents Who from what we can see are disregarded in
The whole process
Happy to give any further info you require
Expert:  JGM replied 29 days ago.

I think you have to raise this as an issue, partly human rights and partly common law nuisance and it should be done as a collective campaign as well as objecting or making representations to specific applications. Is the councillor on your side?

Customer: replied 28 days ago.
Coun is fully on board
We believe we will be back in this place again by Xmas or Jan as the applicant from Feb 2017 is most likely to reapply
Problem is that applicant is playing the discrimation card and also claiming we have a grudge against him because we are objecting
What was apparent to us this week at the committee we were License Committee virgins with no understanding of how the system worked up against a seasoned operator who knew what cards to play and when
We naively thought explain our position if too many in a short space of time
Was not never in our back yard but how often and the lady in question just rolled over us with the racist descrimation and anti fun Police card to devastating effect in her summary which followed ours and our councillors at which we had no right of reply
Note this was councillors first visit to a Lic Committee
It has left us feeling vulnerable to continued license applications being granted with a council who seem to ignore a genuine plea from residents to control and monitor access to this car park by Funfair’s as said before not never just how often
Expert:  JGM replied 28 days ago.

What was the justification for an allegation of racial discrimination?

Customer: replied 28 days ago.
That’s what we would like to know
History is that the Feb operator was here before in 2014
Turned up unannounced and when I asked him what was going on as 5 caravans appeared late one Sunday night in March was told to go forth and multiple so not great start
The following two years he was denied access to the park as it was being used as the school decant park during refurbishment
When he came back this spring the school was finished
We asked theCoun for help in objecting the Coun spoke to Feb applicant on phone and our understanding was he was pretty abusive to Coun
We then tried to get Lic Dept to block his application which failed and the Coun along with residents were asked by press for comments which were all pretty neutral
The applicant took to social media attacking us all and pouring petrol on the flames
The Sept applicant took a different tack spoke with Coun asked to talk to residents which we did by telecom laid her case out and we listened
Intresting prior to our telecom the Feb applicant call the Coun and asked why she could talk to us and he could not
This maybe says they were talking to each other and sharing info
There was nothing in our discussions with her that could have given her any insight into the issues with the previous applicant
We think during her calls to the Coun he may have been
TOO FRANK about the Feb applicant which may have lead them to have discussions which lead to these accusations
Customer: replied 28 days ago.
Think it is important that we focus on our issue as ttonhe councils behaviours in dealing with their residents and tax payers
The applicant has every right to apply and be heard and that we have no problem with despite how they behave at the meeting
It appears that the council will shy away from a tough decision in favour of the applicant rather than upset a group who believe they are being discrimated against The irony is that’s now how their residents are being made to feel based on the group feedback
Note we are setting up a Home Owners Asdociation to be better organised and will use your advise to take to a suitable legal firm
Expert:  JGM replied 28 days ago.

Yes I do think that a group approach is the best one. Your ultimate remedy here is to take the council to the Court of Session and ask the court to judicially review the decision to allow a licence. Unlike some jurisdictions, in Scotland, judicial review covers not just a review of council decisions which are illegal or improper but it also covers decision which as so unreasonable that no body acting reasonably would have made such a decision. Where human rights are involved there is a more rigorous standard of review by the court. Your starting point is to engage a good litigation solicitor and also have a consultation with an Advocate who specialises in judicial review cases. I hope that helps. Please leave a positive rating so that I am credited for my time.

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