Save Legal Aid - Justice Alliance UK

In recent weeks and months the Government have produced proposals to dramatically change the provision of Legal Aid in matters before the Criminal courts. This has received wide press coverage and has been heavily criticised by lawyers, Judges and other professionals. It is argued that the proposals will have a drastic effect on the operation of the Criminal Justice System as a whole and will lead to innocent people being left unrepresented.

At Allington Hughes we have been involved in many efforts to try to persuade the Government to realise that the proposals will cause irreparable damage to the Criminal Justice System, but unfortunately they remain determined.

The changes do not just affect matters before the Criminal Courts, there have been changes to many other areas of law such as assistance for victims of domestic violence and bringing Judicial Review proceedings to challenge unlawful actions by the state. These changes will prevent many people having a voice and render them unable to fight for their fundamental freedoms as human beings.

At Allington Hughes we have a long history of providing legally aided assistance to many different people from all walks of life, who unfortunately find themselves in need of advice. Often it is due to circumstances they never thought they would have found themselves in. This is why the maintenance of a Legal Aid system is vitally important to everyone in our country.

The Justice Alliance UK have recently published a video which helpfully shows that the changes could affect everyone in some way or another. For anyone who has read the recent press reports and thought changes to Legal Aid do not affect them, this video will certainly make them reconsider their position.

Please take the time to watch this video.

https://www.youtube.com/watch?v=pjOigFHdVIY&feature=youtu.be 

Stephen Fry supports the fight for Legal Aid.

You can sign the petition to save Legal Aid here: http://www.change.org/en-GB/petitions/david-cameron-uk-government-save-legal-aid-to-protect-access-to-justice-for-all

Employment Law Update 06/06/14

In this Employment Law update we will give you an overview of the changes to the flexible working regulations and the findings of the European Court of Justice in the case of British Gas-v-Lock 2014

Flexible Working

On the 30^th June the right to request flexible working will change.

Until the 30^th June the right to request flexible working only applies to parents of children under 17 or 18 in the case of parents of disabled children, or to those caring for an adult.

From the 30^th June any eligible employee can apply for flexible working for any reason.

  

Eligibility

All employees have a statutory right to request flexible working provided that:-

• They have worked for their employer for 26 continuous weeks 

• They have not made a request within the last 12 months. An employee can only make one statutory request in any 12 month period

Employees who have been employed for less than 26 weeks, agency workers and office holders do not have a statutory right to request flexible working.

Now is the time to review your company policy in respect of flexible working to ensure that it is up to date.  It might be however that you do not have a flexible working policy and now wish to implement one to ensure consistency in handling requests.

It should be noted that the current strict statutory procedures for dealing with flexible working requests will be dispensed with after the 30^th June and instead there will be a duty on employers to deal with requests in a ‘reasonable’ manner.  The current statutory framework is however a good place to start when drafting your company policies and procedures.

Holiday Pay

The European Court of Justice (ECJ), in the case of British Gas-v-Lock, has held that the Working Time Directive requires that worker’s statutory holiday should not be limited to basic salary where commission is part of remuneration. Therefore, if you have employees who earn commission which is directly linked to their work, then their holiday pay should be comparable to their normal pay so that they do not suffer a detriment i.e. a reduction in pay for taking holiday leave.

We would advise that that any holiday pay policy be reviewed to take account of this recent case to ensure that commission or other relevant variable payments are factored into holiday pay.

  

Should you want more information on the issues contained in this update,

 or any other employment issue, please do not hesitate to contact a member of our Employment Team on 01978 291000 - Wrexham, 01244 312166 - Chester, 01978 641222 - Llanrwst

We also hold a free Employment Law drop in service at our Wrexham office every Monday between 9.30am-12.30pm, and in our Chester office every Tuesday between 9.30am-12.30pm.

Melissa Bramwell of the Employment Team. 

Nightingale House Ladies Fashion Lunch 2014

Allington Hughes recently attended a Ladies Fashion Lunch to raise funds for Nightingale House Hospice in Wrexham. 

The fund raising event was held in the beautiful surroundings of Eaton Park.  Guests were treated to a champagne reception and canapes in the Long Room. There were also luxury stalls so that guest could do some shopping before the delicious lunch provided by ATJ Catering. This was followed by a fashion show with volunteers from the hospice sporting clothes provided for by Debenhams. 

There were some very generous raffle prizes to be won after dinner including a Four Ball round of golf at Carden Park Hotel and a high tea at The Grosvenor, Pulford.  

Four of the firms Directors took a guest each along to make up a table with Rachel Wynn Jones quoting 'It was a hugely enjoyable event and hopefully a great deal of money was raised for such a worthy cause.'

From left to right: Melissa Griffiths, Rachel Wynn Jones, Alison Stace and Alison Brebner

Alcohol Licensing - What Do You Need to Know?

Does my business need an alcohol licence?

If you want to sell or supply alcohol in England and Wales, you must have a licence or authorisation from a licensing authority. These days, this is obtained from your local council. You will need a licence if you run a pub, bar or nightclub or if you plan to sell alcohol at your late-opening café, takeaway, theatre or cinema. You will also need a licence if you plan to sell alcohol at a village or community hall.

What type of licence do I need?

If you wish to sell alcohol on a permanent basis in your business you will need to apply for a premises licence. Individuals seeking to supply alcohol or authorise the supply of alcohol must apply for a personal licence. Qualifying members’ clubs such as the Royal British Legion and rugby clubs must apply for a club premises certificate if they wish to sell alcohol.

How do I apply for an alcohol licence?

You must complete an application form and send it to your local council, along with the appropriate fee. The form will guide you as to whom you must send copies of your application, this depends upon the application you wish to make. The police and other “responsible authorities” (e.g. Fire and Rescue, environmental health authority, local health board, planning authority etc.) need copies in relevant circumstances. Some councils

accept electronic applications and your local council’s website should provide you with the necessary information.

What else can I apply to the Council for?

You can apply for a temporary event notice (if you are holding a specific event which includes the sale of alcohol), authority for designated supervisors (for the person responsible for the day to day running of the business) or an application for a variation or a review (a responsible authority or other person may ask the licensing authority to review a licence at any stage following the grant of a premises licence).

How is my application determined?

If your application is complete and no responsible authority or other person objects to it, the licensing authority must grant your application, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the Licensing Act 2003. This is a simple administrative or paper exercise for the local authority’s officials. If representations are made, the licensing authority will decide whether those representations are justified objections (not frivolous ore vexatious). If it decides that they are relevant, it must hold a hearing to consider them.

What happens at the hearing?

The hearing will be held at the local authority’s premises and will take the format of a more informal version of a court hearing. You can attend yourself to make your representations or you can appoint a Solicitor or someone else to speak on your behalf. Having heard your submissions and those of the person(s) who object to your application, the licensing authority may:

• Grant your application subject to conditions which the licensing authority considers appropriate for promoting the licensing objectives.

• Reject one or more requested licensable activities

• Reject the application

• Refuse to specify a person as a designated premises supervisor.

If you disagree with the decision, there is a right of appeal to your local magistrates’ court.

Your application is important as its determination will have an impact upon your business. We can help you with:

1. General advice on licensing issues

2. The application process

3. Representation at any hearing.

Gwenno Price–Jones is a Director of Allington Hughes Limited and is based at our Llanrwst office. Gwenno specialises in litigation, family and licensing matters and can advise you in relation to your

licensing queries. Call Gwenno on 01492 641222 or e-mail gwenno@jrl-law.co.uk if you need assistance.

Licensing advice is now available at Allington Hughes Limited.

Director Gwenno Price-Jones can assist with Alcohol Licensing matters.