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.

Royal Welsh Agricultural Society - Spring Festival 2014

The weekend of 17th May 2014 played host to the Royal Welsh Agricultural Society Spring Festival in Builth Wells.

It was only the second year the Spring Festival had provided horse competition, and was extremely well attended across the weekend. The Saturday hosted competition for working hunter classes for horses and ponies, with the Sunday providing a broader range of competition.

Allington Hughes were delighted to be involved with the event for the first time this year, sponsoring a competition class in the horses on Sunday. Classes ranged from Lead Rein for the smallest of competitors all the way up to open classes with jumps of 110cm. Our sponsorship came in the British Showjumping Club Show section which was won by Angharad Jones riding DJS Irish Blue, with her rosette being presented by Director Rachel Wynn Jones.

The weekend was bathed in good weather and we are very much looking forward to continuing our sponsorship of the event at the Royal Welsh Show on 21-24th July 2014.

For images of the Spring Festival, please head to our Facebook page.

Director Rachel Wynn Jones with winning rider Angharad Jones upon DJS Irish Blue.

  

Beicwyr Elusennol Eryri/Snowdonia Charity Cyclists - North Wales to Belgium 2014

Hedd Wyn was a Welsh language poet who was killed during the Battle of Passchendaele in World War I. He was posthumously awarded the bard's chair at the 1917 National Eisteddfod. He was one of over 30 young men from Trawsfynydd who died during WW1 which started 100 years ago. The chair can still be seen at Yr Ysgwrn.

                                                                                                              

In memory of the men who fell during the Great War and to raise money for Prostate Cancer (the biggest killer of young men in Europe today) a group of men from Eryri/Snowdonia are cycling from North Wales To Belgium on the 10th of August. 

The group will leave the home of the poet Hedd Wyn, Yr Ysgwrn, Trawsfynydd, cycling for 6 days to Langermark near Ypres (450 miles) arriving there on August 16th in time for the unveiling of the memorial to the fallen Welshmen. 

The launch of the shirt was held at a BBQ last Wednesday and was attended by Director Ed Nutting on behalf of Cyfraith JRL Law. All of the other sponsors of the shirt were also there along with Gerallt Pennant and the TV crew from S4C’s Heno programme.

Cyfraith JRL Law are delighted to help the men and their mission by being one of the sponsors for the journey, and we will be providing regular updates of how they are getting on throughout their cycle ride.

You can view more pictures and information on the teams Facebook page and you can donate via the Just Giving page here http://www.justgiving.com/teams/BEESCC 

Best of Luck lads from everyone at Cyfraith JRL Law and Allington Hughes Law.

The Eryri/Snowdonia Charity Cycling team in their sponsored shirts.

The final product, ready to be worn from North Wales to Belgium. 

Housing Law Update

As the only firm of Solicitors to provide legal aid for Housing advice in Wrexham, Allington Hughes feel it is important to keep as much information available to the public as possible. 

The Housing (Wales) Bill was introduced into the National Assembly for Wales on 18 November 2013. The Bill is currently at Stage 2.  There are four stages:-

Stage 1 is the legislative process.

Stages 2 and 3 are an opportunity for Assembly members to suggest amendments.

Stage 4 will involve a vote by the Whole Assembly on whether or not the Bill should become law.

If the Bill passes through all of the above stages then it is possible that the Bill could receive Royal Assent in the Summer of 2014.

The Bill is intended to improve housing standards, increase affordability, enhance communities and help prevent the difficulties and lack of opportunities often faced by vulnerable people.

The proposed legislation will contain the following elements:-

• Private Rented Housing: The Bill proposes a mandatory licensing scheme for landlords and letting and management Agents in Wales.

• Homelessness: The Bill proposes a new duty on Local Authorities to take reasonable steps to prevent homelessness.

• Gypsy and Traveller Sites: The Bill proposes a duty upon Local Authorities to provide sites for Gypsies and Travellers where a need has been identified.

• Local Authority Standards:

Welsh Housing Quality: The Bill proposes that all Local Authorities with

housing stock are expected to meet the Welsh Housing Quality Standard

(WHQS).

• Local Authority Standards :

Rents: The Bill proposes a new rent policy to be

introduced and there will be a new legislative framework in place for that policy.

• Housing Revenue Account

Subsidy Scheme: The Bill proposes measures that will enable Welsh

Ministers to put in place procedures and timescales that Authorities will need to

follow to exit the Housing Revenue Account Subsidy System.

• Council Tax on empty homes: The Bill proposes that Local Authorities will have a discretionary power to charge up to 150% of the standard rate of council tax on homes empty for more than 12 months.

• Co-operative Housing: The Bill proposes to develop co-operative housing by allowing fully mutual housing co-operatives to grant assured tenancies.    

The Bill is the first ever Housing Bill that the Welsh Government has introduced into the National Assembly for Wales and we will continue to provide information  as to its progress.

If you would like to speak to someone about a Housing matter or anything else, please feel free to call any of our offices on 01978 291000 for Wrexham, 01244 312166 for Chester or 01492 641222 for our Cyfraith JRL Law office in Llanrwst. 

Tracey Powell of the Housing Department.