This course is suitable for existing legal advisors to both Licensing Departments and Committees, together with Democratic Services officers who service Licensing Committees. It will also be of benefit to Licensing Officers who wish to enhance their practical knowledge against the legal background. A basic working knowledge of licensing law or procedure would be of benefit. This is a stand-alone course and delegates do not need to have attended the Licensing Basic Survival Course. Those that have done so will find that this course takes the subject to a deeper level of law, understanding, practice and knowledge.
Councils when acting as a licensing authority need to ensure that the decisions that they make are robust and according to law at all times. This applies equally to decisions made under delegated authority by Officers or those made by Members.
Licensing law is both complex and varied some of it being modern and some of it being 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 both legal and practical knowledge and skills in all aspects of licensing law and procedure illustrated by reference to and analysis of the leading cases. It will build upon the knowledge and skills gained on the Licensing Basic Survival Course taking all the contents of that course to a more advanced and detailed level.
There will be sections on constitutional arrangements, delegations, decision making powers, application processes, reports and recommendations, objections and representations, evidence, decision making processes, reasons for decisions, reviews and appeal processes, fees, Members interests, natural justice and human rights. There will be practical exercises based on actual cases which delegates will be expected to tackle in small groups.
- Appointment of Committees
- Political Balance
- Delegation Scheme
- Committee Reports
- Adoption of Legislation
- The Roles of the Members and Officers
- Recommendations in reports to Licensing Committees
- Avoiding challenges on procedural grounds
- Representations and Objections
- The impact of the Human Rights Act and Natural Justice
- Ensuring a Fair Hearing takes place
- Cross examination or questioning of parties and witnesses
- Should the Applicants/Objectors attend
- Public hearing or behind closed doors?
- Avoiding the appearance of bias on the part of Members or Officers
- When and what Evidence should be taken into account and how much weight should be attached to it
- The reasons for decisions
- Case Law
This course will contribute to 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
B Technical legal practice
13 October 2020 | 10:00 - 16:00