I've been refused a license under section 5

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I've been refused a license under section 5

Postby Fairdoos » Tue Oct 27, 2015 2:53 pm

Hi everyone

Back in July I was refused my pedlars license under section 5 even though I'd had one the year before! The only difference is that this year I volunteered the fact that I did have one spent conviction. The conviction is 'assault P.C. which was back in 1999!
Please help
Thanks
Fairdoos
 
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Re: I've been refused a license under section 5

Postby comebackjimmy » Tue Oct 27, 2015 10:22 pm

Hello

If it is a spent conviction I would think that under the Rehabilitation of Offenders Act you are not required to admit to it and as such you need not have told the police you had committed the offence. Their own system might have picked it up but as it did not the previous time there was a good chance the system is not robust enough to pick it up this time unless you tell them. My view is you could do one of the following:

Write to the chief constable and put the point that it is a spent conviction and therefore should have been ignored.

Apply again at a different police station and this time do not declare the offence.

Appeal the decision with the existing police station and deciding officer and point out it is a spent conviction. You might ask what criteria are used to figure out if you are a person of "good character" which I would like to see defined. I would have thought a person of good character is someone who has not committed a criminal offence or if he has that it is now spent!
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Re: I've been refused a license under section 5

Postby Fairdoos » Tue Oct 27, 2015 10:34 pm

Hi Jimmy I appreciate the come back!

Great language, I will put it to them and perhaps apply for one at the same time at another station. The problem is I'm living in the same town that I was back in 1999 so the spent conviction could haunt me perhaps??
Time is of the essence with Xmas round the corner...

Thanks muchly
Fairdoos
 
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Re: I've been refused a license under section 5

Postby CHenderson » Mon Nov 02, 2015 11:16 pm

Forget about the police.

If you phone your local court and ask for the clerks office they will talk you through how to make an appeal to the Sheriff. Once in front of the Sheriff throw in some ECHR about right to employment etc. I would be very surprised if they refused your appeal.

The only grounds that a certificate can be refused is on the grounds of character. The cops will use this to turn down applications unfairly. The courts will take a more balanced and just approach.

There are a couple of things you should bear in mind. You must write to the chief constable notifying him of your appeal within one week of the refusal. If this time has passed then you could apply again and appeal when turned down. This letter alone might be enough for the cops to see sense.

The other thing you should bear in mind is that costs can be awarded against you. I think that this is very unlikely but the clerks could probably advise you. Costs in a small claim are limited to £150 in Scotland. I would guess that, worst case, this would be the sort of level.

Here is the legislation- http://www.legislation.gov.uk/ukpga/Vic ... section/15
CHenderson
 
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Re: I've been refused a license under section 5

Postby Fairdoos » Tue Nov 03, 2015 10:34 am

Hi

Thanks for chiming in. I'm off to make a fresh application.

Nice one!
Fairdoos
 
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Re: I've been refused a license under section 5

Postby Gee Gee » Fri May 27, 2016 11:45 am

Hi Fairdoos, how did you get on? As I have been refused and am using this thread to aid me, thanks.
Gee Gee
 
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