A Criminal Record question

[long final]

I am half way through the ATPL course and currently run a busy town centre pub. Now, to keep this short, I have had one resident who has, for nine years, complained to everyone who would listen about the noise the pubs make (she is surrounded by 3, this is a high street after all). She has managed in this time to close one down and is now gunning for me.

We do have a very strong legal case, but somehow this has possibly landed me in court with a noise nuisance summons. If it goes that far, and things don't go my way, I could well end up with a criminal record.

So, the question is, how much affect would this have on my employment prospects in the airline industry?

Thanks for any informed reply’s

LF

[niknak]

Long Final

I'm not sure that having your pub closed on a legal technicallity such as this would give you a "criminal record" or count as a "conviction", but then again I'm not a lawyer so perhaps the citizens advice bureau can help you out.

Assuming the worst and the best - you have to close your pub but you are offered employment in the airline industry, just be honest with any prospective employer, if at any time you're asked to reveal if you have a criminal record, tell them what happened.
As long as you promise not to have sub woofers, bass boomers and the like on the flight deck I'm sure that they'll be OK with it.

What will go against you is if you fail to reveal anything when asked to do so.

Best of luck anyway.

[long final]

I'm afraid it does - though I found it hard to believe. I also believe it would not stand up in court, and then again I would prefer to avoid the risk.

The chance of the record could put my license (the beer type) at jeopardy, so I have concerns regarding employment in the air.

Thanks for the comments.

LF

[Justiciar]

Long Final:
I think you will find that the summons relates to civil not criminal proceedings. I've done criminal law for about 20 years and I've never come across any one 'convicted' of a noise nuisance. If you would like to tell me the full allegation in the summons and the Act and section I will check tomorrow. I don't have the books at home!

Many people fail to realise that magistrates' courts have quite extensive civil jurisdiction in some areas. You will probably find that the worst outcome will be an order to reduce the noise on pain of a fine - that would then amount to a conviction, but a finding against you regarding then noise would not be, since it cannot result in a fine, etc.

Unfortunately, the only way to fight the allegation is by getting expert evidence from specialist in noise, and that will cost...

If the summons has not yet arrived then make sure you speak with the council, who are the enforcement body, at every opportunity. In my experience, the more they see you bending over backwards to be helpful the less likely they are to take the matter to court.

Good luck, anyway.

[long final]

Justiciar

Please check your PM's

LF

[paulo]

I can't really help, but I do sympathise. I've spent time on and off living in Soho before now. Noisy as *** but cool as *** too. Why don't people realise: you live somewhere that's livelier - surprise surprise - it's, err, livelier. That's the territory.

If you are being dumb with your customers and your hours then fair enough, but doesn't sound like that's the case. I'm assuming you and your two other neighbourly hostelries didn't spring up overnight, or suddenly say, went from sleepy locals to rowdy nightclubs?

[long final]

The town has been busy for years. I have been here for nine years and have only ever had one complainant - but she has complained literally hundreds of times to police, councillors, council etc. She did launch a campaign against another pub that was applying for a 12 o’clock license, which cost him so much (installed new windows, sound controls etc) he gave up and moved out when the application still failed.

She lives above her business - so wants the street to be busy during the day - but expects it to become a residential street at night.

Anyway, the hearing is tomorrow, so I will find out today if they are to continue to peruse the issue - but feel they are hell bent to go ahead even after everything we have done and have offered to do and the holes in their case.

I have received some helpful advise privately which has helped – could do without this during the exams though!

Thanks for the comments.

LF

[Genghis the Engineer]

I'm not a lawyer so by all means anybody who is correct me but...

Isn't noise nuisance a civil offence, just as is (say) trespass or libel - it can get you fined or other punitive actions but doesn't consitute a criminal offence in the way that, say, burglary or ABH would?

G

[Notso Fantastic]

If people like this are going to get excluded, I think over the next 5 years we will be renewing most staff in civil aviation! I have a few scooter convictions from when I was 17 (I was actually fined £4 3/6d- that's old money about $6 now), and as for speeding......don't even ask! A record as long as your arm!

[HZ123]

ASFKAP; Retrospective covers many people that will unfortunately find themselves having failed to mention offences on their application forms however far back that goes. Another group will be those that have comitted offences during their service and have failed to reveal / inform their management.

In most companies both actions are in breach of the usual employment declarations and would still be deemed to 'make a false declaration to obtain employment' which is a disciplinary issue. At LHR I know a couple of people that fall into this situation as I am sure will other pruners. I have been told that at LHR one larger company expects to loose 5%+ of it's airside pass holders. Many companys involved in this will not be able to offer alternate employment.

As someone who has been 33 years at LHR / STN some of that involved in security, this action is long overdue although I sympathise with some that will fall foul of this.

[spekesoftly]

I dare say that times and attitudes have changed, but ........

Back in the early sixties, as a callow youth aged 16, I very stupidly took a neighbour's motorbike, that I had been helping to rebuild, for a 'road test', whilst uninsured and without even a provisional driving licence. Even more stupidly, I got caught by the police for speeding (the tuned racing pipes were also a bit noisy!!). I was banned from driving for 1 year, received a hefty fine, and my non-existent driving licence was endorsed. Fair enough.

I subsequently successfully applied to BOAC and the RAF for pilot training, after fully declaring my sins to both. The Senior BOAC pilot who did my initial interview at Hamble quizzed me at some length, only to then reveal that he had been booked for speeding on the previous day! Lucky me.

[long final]

Just a note. This morning, two hours before the court appointment, the council have decided to adjourn. They are talking about dropping the case due to the (bloody expensive) air conditioning I am installing.

A weight off.

Thanks for the comments.

LF

[mono]

As an aside, it is correct to state that any airside restrictions refer to criminal not civil proceedings. They also only refer to 'current' offences. Any conviction considered 'spent' under the rehabilitation of offenders act is not counted and does not have to be disclosed.