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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
The situation with bailiffs is extremely clear.
You can refuse them entry but once they haveentered, they are actually entitled to break in if you refuse them entry thesecond time.
They can climb in through an open window or anopen back door and once they are in, they can then break internal doors andlocks and cupboards and drawers.
If you refuse entry to Bailiff and they cause aproblem and insist that they can come in, call the police because they cannot.
The difficulty you face is that this is a publichouse and the only way you can refuse bailiffs entry is to keep the doorsclosed which might not be particularly practical from a business point of view.
Once the bailiffs are a (because the door isopen) you cannot ask them to leave because they have the right to be there andtake goods to sell to recover whatever money is owed.
All you can do is try to negotiate with theBailiff may or may not be possible or practical. The bailiff will usually besatisfied if you give them at least a large chunk of money when they visit andmake an offer to pay the rest over a short period of time, days or weeks, notmonths.
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