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Tendring District Council licensing officer Tolie reprimand
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Posted: 2010-04-27 12:32:18 BST By Frankie Fernando
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Dear Mr Fernando,
I refer to our telephone conversation this afternoon concerning the above issue. I have now had the opportunity to discuss the matter to which you refer with our legal team and we are satisfied based on the facts available that your staff have the right to act as pedlars under pedlar’s certificates granted under the Pedlars Act 1871. I should point out that I am also satisfied the information given to you and your staff by an officer earlier today was given in good faith based on his understanding of the position at that time.
As I am sure you will appreciate I have not had the opportunity to fully investigate your complaint at the present time and this will be undertaken next week.
Yours sincerely
John Margerum
Assistant Head of Legal Services
Tendring District Council
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Dear Mr Margerum,
Thank you for clarifying the law to your licensing department. However whilst you say that Mr Tolie was acting in good faith I would beg to differ.
Mr Tolie was extremely aggressive in his approach to my agents. Whilst talking to my agents in Mr Tolie's presence I could hear him shouting at them and threatening them with prosecution if they left the building and continued to work. This altercation took place at reception and your receptionists would have witnessed this.
One of the first things Mr Tolie said to me in a very condescending manner was " I hear you're and expert on this." I told him I did know what I was talking about and he basically laughed at me. When I asked if he had a bylaw in place preventing my agents from working he said no but he was preventing them from working under something else that I didn't quite catch. When I asked Mr Tolie to repeat what the legislation was he said he shouldn't have to do the work for me in checking out the regulations. This is quite laughable when you consider that I was right and he was wrong! I told Mr Tolie that I thought he was very rude and he said " Everyone says that when I say no to them." I then told Mr Tolie that he was wrong and that he would not sound so smug when he would have to let my agents work. I then asked him for your name, which he would not give me and I then told him that I was not prepared to talk with him anymore and put the phone down.
Mr Tolie is a licensing officer, as part of his job he should know about the Pedlars Act and I am sure that this is not the first time he has come across it. I believe Mr Tolie holds the Pedlars Act in contempt as it is something that he can not control and that he tried to twist the interpretation of it to inappropriately regain his power.
I have dealt with many licensing officers over the past two and a half years and Mr Tolie is by far the rudest and most arrogant I have come across. We would very much like an apology from Mr Tolie as he was in the wrong, he caused a loss of earnings to my agents and myself and a lot of unecessary stress. If Mr Tolie is prepared to apologise then we would be prepared to notify Mr Tolie when we are coming to Clacton and we will not come if there are any charities or events happening.
Yours sincerely
Claire Fernando
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