The injustice of the whole affair is incredible.

This was expressed by Mike Herwin, one of our supporters:

The injustice of the whole affair is incredible.

The EHD (Environmental Health Department) appears to be able to act in a legislative, executive and judicial function, without any checks and balances.

1) It legislates by determining what constitutes a nuisance. It does not publish what the regulations are by giving measurable standards, such as decibel level, sound profile, duration and frequency of sound. This, in itself, is arbitrary and willful.

2) It then makes the assessment of any alleged offence and acts as prosecutor but fails to disclose any evidence of the basis of their assessment to the defendant. This is not just arbitrary but contrary to natural justice

3) It then makes the decision on whether the offence has been committed and hands down the sentence to the defendant

This is "bad law" and contrary to every principle of the British Constitution and the way that Newcastle under Lyme Council are applying it is indefensible

In other areas such as construction of kennels, building and planning regulations, animal welfare in kennels, employment and fire and safety, the law is quite specific and the owner has to comply with known and measurable regulations, but can challenge any over zealousness on the part of the council.

In the current matter, there is no equity. It is a fundamental principle that in any legal dispute, there should be equity and the powers of the EHD are beyond all reasonableness.