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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

SEX ENTERTAINMENT & ESTABLISHMENT LICENSING
3
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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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

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

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

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

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

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

SEX ENTERTAINMENT & ESTABLISHMENT LICENSING
Part 2 – Judicial Review Challenges
Unlawful delegation or dictation
Delegation
Dictation
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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?
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SEX ENTERTAINMENT & ESTABLISHMENT LICENSING
Part 2 – Judicial Review Challenges
Legitimate expectation
Procedural
Substantive
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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
13