ENFORCEMENT
There are a wide variety of powers available to licensing authorities and the police, depending on the type of licence in force. These include ;
Informal Warnings
The Council may give a verbal warning or send a letter to highlight what they consider is wrong. If you believe that they are not right, then it is best to discuss the issue with them first.Notices
If you are served with a statutory notice, then you are obliged to comply with it unless you lodge an appeal (some notices stay in force even if you appeal).Cautions
Where an offence is admitted, the enforcing agency can sometimes give a 'simple caution' which saves time going to court and means that there is no penalty imposed. If you accept a caution, you should be aware that it can be used if you are later convicted of any other offence and is then the same as a 'guilty' plea in court.Prosecution
Ultimately, if the offence is believed to be serious enough, an enforcing agency can take a prosecution through the Courts. Should this happen, then you need to seek legal advice and representation as soon as possible. Even if you have committed an offence, there may be mitigating circumstances which need to be explained to the court.
Investigations normally involve a formal interview with the person suspected of committing the offence (sometimes called "formal interviews", "interviews under caution" or "PACE Interviews"). These interviews are frequently recorded on tape and can be used in any enforcement action that is taken. There is the right to have legal representation present to advise you on what to say and to ensure that the correct procedures are followed.
Should you find yourself the subject of an investigation, we recommend that you seek legal advice from a specialist solicitor at the earliest opportunity. Call us on the freephone number above or type to us online for free by clicking the chat button.
