Licensing Basic Survival Guide
- 20 November 2018
- 10:00 - 16:00
- Eversheds, Leeds
Bridgewater Place, Water Lane, Leeds, LS11 5QT
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This course is suitable for new legal advisors to both Licensing Departments and Committees, as well as Democratic Services officers who service Licensing Committees. It will also be of benefit to Licensing Officers who wish to set their practical knowledge against the legal background. Officers returning after a career break would also find it a useful refresher or update. No prior knowledge of licensing law or procedure is required.
Councils, when acting as a licensing authority, need to ensure that the decisions they make are robust and according to law at all times. This applies equally to decisions made under delegated authority by Officers, and those made by Members.
Licensing law is both complex and varied, some of it modern and some of it antiquated and in need of reform.
This course which will be delivered from the legal standpoint for the most part and will cover the full spectrum from scrap metal to zoos, private hire to sex establishments, and alcohol to public entertainment.
The course will deliver a basic legal and practical grounding in all aspects of licensing law and procedure illustrated by reference to the leading cases.
There will be sections on constitutional arrangements, delegations, decision making powers, application processes, reports and recommendations, objections and representations, decision making processes, reasons for decisions, reviews and appeal processes, fees, Members’ interests, natural justice and human rights.
This day will:
- Introduce you clearly and concisely to licensing law
- Aid and expand your understanding of licensing issues
- Ensure you are aware of points to watch
- Compare different types of applications that you will need to process day-to-day
- Tell you when a licence is necessary and what types there are
- Give you a more detailed understanding and more confident outlook when dealing with all licensing matters
- Avoid any potential problems by making aware of all the recent and leading cases
- Ensure you are in a position to advise on the decision making process and avoid any challenge on the basis of bias on the part of either Officers or Members
LOCAL AUTHORITY POWERS TO ISSUE LICENCES
- Which powers need to be adopted before use
- Which powers are automatically available
Included will be comparisons of:
- Sex Establishments
- Licenses under the Licensing Act 2003
- Licences Under the Gambling Act 2005
- Hackney Carriages
- Private Hire Vehicles
- Street Trading
- Scrap Metal Dealers
WHO GRANTS/REFUSES THE LICENCE
- Full Council
- Statutory Amounts or reasonable fees
- What is a reasonable fee?
WHEN IS A LICENCE REQUIRED?
- When are licenses required under the Licensing Act 2003?
- When are premises a ‘Sex Establishment’?
- When is a Licence needed to Carry Passengers for Reward
- When may a Member have an interest in an application?
- Are Representations/Objections relevant?
- What constitutes a Representation or Objection?
- Who can make a Representation or Objection?
- Contrast Sex Establishments and Alcohol/ Entertainment Licences and Street Trading
- Is the applicant entitled to a hearing?
- Rules of Natural Justice
- Human Rights Act 1998
- Hearing Procedure
- What can be Reviewed, by whom and when
- Who can Appeal?
- Within what time and to whom?
- The Appeal Process
This course will cover the following aspects of the SRA’s Statement of solicitor competence:
A Ethics, professionalism and judgment
A2 Maintain the level of competence and legal knowledge needed to practice effectively, taking into account changes in their role and/or practice context and developments in the law
A3 Work within the limits of their competence and the supervision which they need
A4 Draw on sufficient detailed knowledge and understanding of their field(s) of work and role in order to practice effectively
A5 Apply understanding, critical thinking and analysis to solve problems
B Technical legal practice
B1 Obtain relevant facts
B3 Develop and advise on relevant options, strategies and solutions
B6 Negotiate solutions to clients’ issues
B7 Plan, manage and progress legal cases and transactions
C Working with other people
C1 Communicate clearly and effectively, orally and in writing
C2 Establish and maintain effective and professional relations with clients