Presentation is loading. Please wait.

Presentation is loading. Please wait.

2 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Justin Bates Arden Chambers General Considerations in developing and drafting a statement of policy Institute.

Published byJacob Sanders Modified over 9 years ago

Similar presentations

Presentation on theme: "2 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Justin Bates Arden Chambers General Considerations in developing and drafting a statement of policy Institute."— Presentation transcript:

1

2 2 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Justin Bates Arden Chambers General Considerations in developing and drafting a statement of policy Institute of Licensing

3 3 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING 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

4 4 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING 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

5 5 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 1 - Other Policies Pt.1 Local Government Act 2000 -Sustainable Communities Strategy -Government guidance

6 6 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 1 - Consultation Duty to consult? Prior promise to consult? When to consult?

7 7 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 1 - Guidance Is there any? Do you intend to follow it? If not, why not?

8 8 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges Frustrating the policy of the Act

9 9 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges Fettering of discretion - consider each case on its own facts

10 10 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges Unlawful delegation or dictation -Delegation -Dictation

11 11 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges 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?

12 12 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges Legitimate expectation -Procedural -Substantive

13 13 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Justin Bates Arden Chambers General Considerations in developing and drafting a statement of policy Institute of Licensing

Download ppt "2 SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Justin Bates Arden Chambers General Considerations in developing and drafting a statement of policy Institute."

Similar presentations

Educationeducation Improving Scottish HM Inspectorate of Education Schools (Consultation) (Scotland) Act 2010 HMIe Briefing 2011.

Educationeducation Improving Scottish HM Inspectorate of Education Schools (Consultation) (Scotland) Act 2010 HMIe Briefing 2011.
It was unfair to me It was unfair to me External Student re Assessment by Marker who had never met the student. External Student re Assessment by Marker.

It was unfair to me It was unfair to me External Student re Assessment by Marker who had never met the student. External Student re Assessment by Marker.
Workshop: Challenging the Cuts. Challenging the Cuts: S75 Equality Duty Debbie Kohner, CAJ Equality Coalition Co-convener.

Workshop: Challenging the Cuts. Challenging the Cuts: S75 Equality Duty Debbie Kohner, CAJ Equality Coalition Co-convener.
Rule-Making Book II EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May 19-20 th 2014 1 Herwig C.H. Hofmann University of Luxembourg.

Rule-Making Book II EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May th Herwig C.H. Hofmann University of Luxembourg.
THE DIVERSITY OF INTERESTS IN ENVIRONMENTAL GOVERNANCE A CHALLENGE FOR THE RULE OF LAW By Professor D E Fisher.

THE DIVERSITY OF INTERESTS IN ENVIRONMENTAL GOVERNANCE A CHALLENGE FOR THE RULE OF LAW By Professor D E Fisher.
Procedures Tenured v. Non-Tenured Tenured Have a property interest in their continued employment. Property interest is a substantive right and procedural.

Procedures Tenured v. Non-Tenured Tenured Have a property interest in their continued employment. Property interest is a substantive right and procedural.
Student Integrity and Misconduct Training and support for decision makers and Academic Integrity Officers.

Student Integrity and Misconduct Training and support for decision makers and Academic Integrity Officers.
Managing the Risks of Wrongful Discharge Claims Raymond L. Hogge, Jr. HOGGE LAW Attorneys and Counselors at Law 500 E. Plume Street, Suite 800 Norfolk,

Managing the Risks of Wrongful Discharge Claims Raymond L. Hogge, Jr. HOGGE LAW Attorneys and Counselors at Law 500 E. Plume Street, Suite 800 Norfolk,
 A. Government Services Committee Resolution GSCJA-07-03 1.Legislative authority for an elected official to supervise a Navajo Nation central government.

 A. Government Services Committee Resolution GSCJA Legislative authority for an elected official to supervise a Navajo Nation central government.
Summary of NEPA and SEPA Coastal Engineering and Land Use Issues in North Carolina Greenville, NC January 13, 2009 Sean M. Sullivan.

Summary of NEPA and SEPA Coastal Engineering and Land Use Issues in North Carolina Greenville, NC January 13, 2009 Sean M. Sullivan.
The 10 Golden Rules in Managing Complaints & Discipline.

The 10 Golden Rules in Managing Complaints & Discipline.
Last Topic - Administrative Tribunals

Last Topic - Administrative Tribunals
DUE PROCESS DEVELOPMENTS IN TERMINATION AND GRIEVANCES.

DUE PROCESS DEVELOPMENTS IN TERMINATION AND GRIEVANCES.
Managing Partner 101: A Guide to Successful Law Firm Leadership (2d Ed. 2001) Lawrence G. Green ABA Law Practice Management Section.

Managing Partner 101: A Guide to Successful Law Firm Leadership (2d Ed. 2001) Lawrence G. Green ABA Law Practice Management Section.
Scrutiny of Local Strategic Partnerships Effective Overview and Scrutiny.

Scrutiny of Local Strategic Partnerships Effective Overview and Scrutiny.
EMS Auditing Definitions

EMS Auditing Definitions
Licensing Law & Due Diligence www.i-hospitality.co.uk.

Licensing Law & Due Diligence
Sources of Law Delegated Legislation

Sources of Law Delegated Legislation
THE PUBLIC DUTY TO PROMOTE EQUALITY Tess Gill There are currently three public sector equality duties: Race Disability Gender WHAT ARE THE EQUALITY DUTIES?

THE PUBLIC DUTY TO PROMOTE EQUALITY Tess Gill There are currently three public sector equality duties: Race Disability Gender WHAT ARE THE EQUALITY DUTIES?
Www.northumberland.gov.uk Copyright 2009 Northumberland County Council A Neighbourhood Plan for Broomhaugh and Riding Peter Rutherford, Northumberland.

Copyright 2009 Northumberland County Council A Neighbourhood Plan for Broomhaugh and Riding Peter Rutherford, Northumberland.

Similar presentations

Ads by Google