2 sex entertainment & establishment licensing justin bates arden chambers general considerations...

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SEX ENTERTAINMENT & ESTABLISHMENT LICENSING

Justin Bates

Arden Chambers

General Considerations in developing and drafting a statement of policy

Institute of Licensing

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Part 1 – External influences on the content of the policy- other relevant policies

- Crime and Disorder Act 1998- Local Government Act 2000

- Consultation- Guidance

Part 2 – Possible judicial review challenges based on the policy- frustrating the policy of the Act- fettering of discretion- unlawful delegation or dictation- natural justice / fairness- Legitimate expectation

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Part 1 - Other Policies

Crime and Disorder Act 1998, s.6- Reduction of crime and disorder in the area- Combat the misuse of drugs, alcohol and other substances

Crime and Disorder Act 1998, s.17

- Mandatory duty to exercise functions with due regard to the likely effect on and the need to do all that can reasonable be done to prevent crime and disorder

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Part 1 - Other Policies

Pt.1 Local Government Act 2000- Sustainable Communities Strategy- Government guidance

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Part 1 - Consultation

Duty to consult?

Prior promise to consult?

When to consult?

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Part 1 - Guidance

Is there any?

Do you intend to follow it?

If not, why not?

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Part 2 – Judicial Review Challenges

Frustrating the policy of the Act

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Fettering of discretion

- consider each case on its own facts

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Unlawful delegation or dictation- Delegation- Dictation

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Natural Justice / Fairness- Notice of the time, place and date- Details of the case that has to be met- Opportunity to put the case- Oral hearing?- Legal representation?

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Legitimate expectation- Procedural- Substantive

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Justin Bates

Arden Chambers

General Considerations in developing and drafting a statement of policy

Institute of Licensing

2 sex entertainment & establishment licensing justin bates arden chambers general considerations...

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