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Inocent until proven guilty

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  • Inocent until proven guilty

    Hi everyone
    I have an issue with the council where they won't grant a licence untill I have been proven inocent for an up coming trial I have

    Is there something in natural law or common law like magna carta. That says I am inocent until proven guilty and its the law! Something I can though them in writing

    Thanks
    Tags: None

  • #2


    A licence to do what?

    Comment


    • #3
      To sell alcohol

      Comment


      • #4
        Is this a Personal licence or a Premises Licence?

        What is the charge against you?

        Comment


        • #5
          It's for the premusus licence and charge is common assault for which I have pleaded not guilty for

          Comment


          • #6
            If you are convicted, that could well be a reason to refuse a licence, so I can understand the waiting to see.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              But dose the law not stand as inocent untill proven guilty?

              Comment


              • #8
                As your application has been refused you can appeal the decision to a Magistrates' court within 21 days of notice of the decision, altho' i doubt you would be successful.

                If you should be convicted of a violent offence you would face suspension or removal of any granted licence under section 129 of the licencing Act 2003, so it is no wonder the licencing authority await the outcome of your trial.

                Comment


                • #9
                  This is a far deeper issue then what I have said so far
                  but I still believe in some way that I can waver inocent untill proven guilty

                  Comment


                  • #10
                    It's not been refused but it is pending a hearing as the police have put objections in
                    do you know how I get it to a magistrates at this point please?

                    Comment


                    • #11
                      When googling inocent until proven guilty. The first thing I found was this
                      https://study.com/learn/lesson/innoc...ven-guity.html
                      It's says that the first appearance of this is traced back to the magna carta. I did a search for this and can't find the claur for it
                      ​​​



                      Comment


                      • #12
                        The best I could find for this inocent untill proven guilty is the human rights act 1998

                        https://www.legislation.gov.uk/ukpga...rt/I/chapter/5

                        Comment


                        • #13
                          As the application has not been refused you cannot appeal to the magistrates yet.

                          the council have to take into account objections, and if the police have put one in it is perfectly understandable that the council await the outcome of the trial before reaching a decision

                          Comment


                          • #14
                            They are just trying to drag this out as long as they can so I vacate the premusus and don't get the licence
                            do you want me to upload the files so you can see what really is going on

                            Comment


                            • #15
                              That is your choice.
                              We can only advise you on te basis of information you provide.

                              Are you suggesting your court appearance is purposefully delayed to prevent you obtaining the premises licence?
                              Last edited by des8; 1st June 2022, 21:55:PM. Reason: spelling

                              Comment

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