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A Complaint against Mr Peter Coats worth Kent Magistrates
Court,
Mrs Savage Licensing Clerk Sittingbourne Magistrates Court.
Dear
On the 13th January 1997 an application was made
for a liquor licence in the name of "East Street Sports
Centre" see attached document. The object of the licence
was to help bring income to help run the Sports Centre. Our
solicitor also sent in a copy of rules of "Clarkees
Bar" as it was considered improbable that we would gain a
Full Pub Licence. The hearing was on 11th February
1997 and we were represented our Barrister Mr Guy Wyatt. When
the hearing started Clerk to the Court Peter Coatsworth took
over the proceedings and informed the Magistrates bench that the
best way forward was to grant "East Street Sports
Centre" be granted a Full License without any restrictions
and the undertaking that all conditions of the Fire Brigade were
met. The Licensing Justices directed that a single member of the
Committee may declare the license final; this was so done by
Magistrate Mrs Wanstall. Can I also point out that Neither the
Police, Swale Borough Council, the LVA or anyone complained
about our licence application? Because of the good standing of
our family and the Martial Arts that run from the Sports Centre,
the comment from the bench was that it was highly unlikely that
there would be any trouble. Needless to say we were extremely
happy with the out come. Our barrister confirmed our license in
his notes.
From 1997 till February 2000 we advertised the Sports Centre
bar and in all adverts, signs etc we stated that the Bar was
open to the Public. In February 2000 the Police visited the
Sports Centre and informed us that we were operating illegally
in that we had a club licence not a Pub licence. The landlord of
the Ship Pub East Street had made a complaint, Mr Mick Page
chairman of the LVA to Mrs Savage the licensing clerk. On
contacting Mr Page he informed me that the Sports Centre was
taking the bread from his mouth and that if I had approach him
before the application was made he would not have complained. It
seems that some of his regulars were visiting our establishment
on a Friday night to watch some of our live bands. So therefore
the complaint was made for no other reason then a commercial
one.
After showing the police the licence and the barristers notes
they initially agreed that we have a Full licence. This when our
problems begin it seems that Mrs Savage did not agree with the
outcome and produced a licence in the name of "Clarks
Bar". I wrote to Mrs Savage stating that we had made no
licence application in the name of "Clarks Bar" and I
would be interested to see if she could produce any documentary
evidence to the contrary she could not. I also pointed out that
part of East Street Sports Centre is known as "Clarkees
Bar" (note the spelling). Mrs Savage letters became more
intense stating that our representative or we had attended court
on March 13th 1997 to have the name changed this was
a complete fabrication. She subsequently went on to tell me that
my other property with a Club License was in the name of Clarks
Sports Studio, once again her facts were incorrect the licence
had been changed from "Clarkes Sports Studio" to
"Milton Regis Sports and Social Club". I have enclosed
all the documentation. At no time did Mrs Savage apologise or
supply documentary evidence to back up her statements.
The Police informed me that Mr Peter Coatsworth had made a
written statement to them to the affect that we had a Club
Licence. Therefore they would be seeking advise from the CPS
with regard to prosecution. My solicitor obtained a copy of Mr
Coatsworth statement in which he states that he has little
personal reflection of our hearing, he also goes on to state
that my wife Valerie gave no evidence at the court hearing and
that she already held a license both untrue. He also states that
we changed the name of the licence to Clarkes Bar in 1998 yet
Mrs Savage said we done this in 1997? Therefore the Police are
prepared to prosecute on the word of a man who admits he cannot
remember against the word of a barrister and two well-respected
members of the community/
Our Solicitor advises that we have a very strong case if we
are taken to court, yet we should expect to expect to pay
several thousands of pounds in legal cost, as we would opt for
crown court. As it would be highly unlikely that we would
receive a fair hearing in the magistrates court.
The fact that we would not necessarily get our money back has
made us accept defeat. To justify spending that amount of money
on a court case was not going to happen especially as the Sports
Centre needs repairs and pupils need new equipment.
CONCLUSION:
Should commercial interest be justification for a licence to
be altered?
Is the influence of Mr Page over the Clerk Court justified?
At present no minutes are taken at Magistrates Court sittings
should this change?
Why are the Clerks to the Court not answerable for their
mistakes?
Why has Mrs Savages department produced a licence in the name
of "Clarks Bar" the first time this was seen was in
2000, was this a deliberate attempt to justify Mr Page’s claim
that we were a club?
Do the Clerk to the Court have to much power?
Should Police time and money be spent on such an issue?
My family and myself have been involved in the local
community promoting the Martial Arts and other sports since
1955; I have also been a local councillor. The bars we run have
always been run very strictly no under age drinking, no fights,
no drugs this can be confirmed by the local Police. Being fair
to the Police they have had this problem thrust upon them but it
is ironical that some one can spy for a foreign power which led
to the death of many people and not be prosecuted. Yet because
we took some trade away from a local landlord who has influence
with the Clerk of the Court we faced prosecution.
To you this maybe a local issue, which is no real, concern,
but I would disagree for I feel it actually looks at the whole
fabric of the Magistrates Court. I will assume that the
Magistrates Clerks department are inefficient and not corrupt,
yet this inefficiency can lead to many miscarriages of justice.
Our Justice system I believe is the best in the world and the
only reason it not working is because we have second-rate people
administering it
As a member of the Conservative Party I very rarely agrees
with this government but the one thing I do believe they are
right in the fact that licensing should be in the hands of the
local authority. My problems would not have happened if the
Council had been in charge for one they would have local
knowledge through their councillors. Local councillors are
accountable for their actions and their funding, this cannot be
said of the local magistrates clerks. The Police should be
concentrating on fighting real crime and not dealing with
administered problems.
I am told Mr Page is reasonably happy with the out come. At
least he did not have us shut down completely which was his
ultimate aim. At least this miscarriage of justice will make
people aware that the licensing authority works hand in glove
with the LVA well that is my opinion.
Martin Clarke.
I have copies of all correspondance and licences if you wish
to check out my statements.
Yours Faithfully
Martin Clarke
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