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Application process and Decision-Making under the Licensing Act 2003

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journal contribution
posted on 16.01.2012, 15:54 by Steven Cammiss, Colin Manchester
This paper presents the findings of an empirical project on the operation of the Licensing Act 2003 with specific focus on the application process. It explores the submission of applications, the making of relevant representations (objections), the role of the local authority, and the incidence of negotiation, mediation and enforcement practices. The paper shows the varying extents to which applicants and local residents receive appropriate guidance, reveals the importance of mediation and negotiation in the process, and demonstrates the ‘low key’ nature of enforcement action, with the procedure for ‘reviews’ of licences infrequently utilised. While the adoption of a ‘new governance’ model of regulation in the Licensing Act 2003 has been enthusiastically embraced by participants, uncertainties remain on matters such as who has responsibility for enforcement action and the proper role of the licensing officer in providing appropriate advice to parties.

History

Citation

Web Journal of Current Legal Issues, 2011, 4 (2011).

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

VoR (Version of Record)

Published in

Web Journal of Current Legal Issues

Publisher

University of Newcastle upon Tyne

issn

1360-1326

Copyright date

2011

Available date

16/01/2012

Publisher version

http://webjcli.ncl.ac.uk/2011/contents4.html

Notes

This journal is an open access journal. All contents are freely accessible.

Language

en

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