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SEX ENTERTAINMENT & ESTABLISHMENT LICENSING

SEX ENTERTAINMENT & ESTABLISHMENT LICENSING. Justin Bates Arden Chambers General Considerations in developing and drafting a statement of policy Institute of Licensing. SEX ENTERTAINMENT & ESTABLISHMENT LICENSING. Part 1 – External influences on the content of the policy

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SEX ENTERTAINMENT & ESTABLISHMENT LICENSING

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

  2. 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

  3. 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

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

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

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

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

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

  9. SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges Unlawful delegation or dictation • Delegation • Dictation

  10. 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?

  11. SEX ENTERTAINMENT & ESTABLISHMENT LICENSING Part 2 – Judicial Review Challenges Legitimate expectation • Procedural • Substantive

  12. 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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