I know its pedantic and hair splitting (or but the only stupid question is the one you don't ask... so...)
As there is specific provision for giving the notice on a non-working day - if that doesn't include Sundays what could it possibly mean? Also it says you give notice by addressing and posting or leaving the document... which seems to suggest the clock starts as soon as you *post* the document, not when it is received... Nor arguing - just askin' Paul /)/+) On 7 February 2012 20:03, Francis Davey <[email protected]> wrote: > 2012/2/7 Colm Howard-Lloyd <[email protected]>: > > I don't think referring to anyone as as a minion will endear you to them, > > but I digress... > > > > The guidance they've discovered may be Section 193 of the Licensing Act > > where 'working day' is defined > > http://www.legislation.gov.uk/ukpga/2003/17/section/193 > > > > The clearest guidance is in the accompanying Guidelines to the Act. This > > PDF, page 56, paragraph 7.19. > > > http://www.homeoffice.gov.uk/publications/alcohol/guidance-section-182-licensing?view=Binary > > Those guidelines do not have statutory force. In other words they may > tell you how an organisation thinks it should behave but they are no > more useful to you in court than my views set out in my earlier email. > Thankfully the government does not, as a general rule, get to say what > legislation means. > > As I hoped I'd made clear, there's absolutely no doubt about what the > time requirement means in this context. The notice must be given on > day X for an event to take place on day X + 11, where non-working days > do not count. > > The difference of opinion is whether it can be said that you have > given - by leaving the notice at the offices of the council - the > notice on day X where that notice was sent by email. My view - that is > what I expect a court would decide - is that sending an email on > Sunday is not "leaving" the notice at the offices on that day. A > normal person - where this list is not by any stretch of the > imagination normal - would almost certainly not think it meant that. > > To be pedantic - you do not even know that the notice is present at > the council's offices if their mail server is not located there (and > depending on the mail user agents in use by the council). > > In some other contexts there are rules about deemed service of emails. > Not so here. > > -- > Francis Davey > > _______________________________________________ > developers-public mailing list > [email protected] > https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public > > Unsubscribe: > https://secure.mysociety.org/admin/lists/mailman/options/developers-public/paul%40idltd.com >
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