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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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If an advertised cut of for objections is set for 28 days

Customer Question

If an advertised cut of for objections is set for 28 days to the 10th Feb and an email response is received time/date 00:00 11 February is is deemed too late in UK law?

The cut-off for objection was midnight on February 10th.  
Whilst the print out of the email from Mr Parnes indicates that it was sent at 00:00 on February 11th, it was in the ‘Community Services’ inbox when our offices opened on the morning of the 11th. Mr Parnes had also been made aware of the deadline in a telephone conversation on the 10th and I am given to understand that, for whatever reason, it is his habit to set delivery of time sensitive emails using the auto-send facility. Taking all this into account, officers were satisfied that, notwithstanding the date shown, the email had been sent and received at midnight on the 10th.  I am sorry that this was not explained to you before.
I understand your concern as to the substance of the objection but would like to assure you that Members of the Licensing Panel are quite capable of determining the relevance of any particular objection and to place appropriate weight upon it.
It is not unusual for an applicant to contact objectors prior to a hearing in an attempt to satisfy their concerns and solicit the withdrawal of objections. However, this is not a process that is facilitated by the Licensing Authority.
The opportunity for you to put your case will arise at the hearing. The operation of the licensing function is somewhat prescriptive and the purpose of my request not to contact the Members of the Panel directly was to seek to ensure that you do not prejudice your position.

Submitted: 4 years ago.
Category: Law
Expert:  UKSolicitorJA replied 4 years ago.
Hello Paul,

Yes, technically the objection would have just missed the cut off time as it would have been valid had it been received by 23:59:59 (or 11:59 PM and 59 seconds) on the 10th February.

Hope this helps