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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20694
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am a Publican and hold the Premises Licence and also a Personal

Resolved Question:

I am a Publican and hold the Premises Licence and also a Personal Licence. I know I have the Right to ban people from entering the premises but there are some exceptions to this rule.
Obviously the Emergency Services are permitted but what about a Bailiff. Do some have more authority than a normal debt collector if so how does this affect my Rights and Responsibilities as a Licence Holder
Thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Could you explain your situation a little more please?
Customer: replied 1 year ago.

A bailiff may arrive to collect the outstanding portion of the Business Rates. Do I have the authority to ask him to leave and if he refuses can I call the police and have him removed for a potential Breach of The Peace.


Please be aware this is not an attempt to avoid paying but the amount is very high and I am a small business. I have asked the Council if we could work out a payment plan but they say they cant do anything because it is in the hands of the bailiff


I just want to know my legal position as a Licence Holder

Expert:  Stuart J replied 1 year ago.


The situation with bailiffs is extremely clear.

You can refuse them entry but once they have
entered, they are actually entitled to break in if you refuse them entry the
second time.



They can climb in through an open window or an
open back door and once they are in, they can then break internal doors and
locks and cupboards and drawers.



If you refuse entry to Bailiff and they cause a
problem and insist that they can come in, call the police because they cannot.



The difficulty you face is that this is a public
house and the only way you can refuse bailiffs entry is to keep the doors
closed which might not be particularly practical from a business point of view.



Once the bailiffs are a (because the door is
open) you cannot ask them to leave because they have the right to be there and
take goods to sell to recover whatever money is owed.



All you can do is try to negotiate with the
Bailiff may or may not be possible or practical. The bailiff will usually be
satisfied if you give them at least a large chunk of money when they visit and
make an offer to pay the rest over a short period of time, days or weeks, not
months.



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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20694
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Law Specialists are ready to help you

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Stuart J
Stuart J
Solicitor
20694 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice