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

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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:

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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

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