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“Careering out of Control”: Decision-Making in Contested Cases under the Licensing Act 2003

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journal contribution
posted on 16.01.2012, 13:58 by Steven Cammiss, Colin Manchester
Local authority sub-committees, when hearing and determining licence applications, have traditionally followed court-like procedures and have been regarded as acting quasi-judicially. The Licensing Act 2003 introduced important changes in the licensing of alcohol, entertainment and late night refreshment, one of which was that licensing hearings would be “discussion led” by sub-committees and it was not envisaged by the Government that sub-committees would perform a quasi-judicial role. This article, based on empirical research conducted primarily in one licensing authority area (with supplementary material from a second licensing authority area), considers how authorities have embraced the new decision-making framework under the 2003 Act. It looks at decision-making in hearings in contested cases and examines, in particular, the extent to which sub-committees have departed from their traditionally adopted court-like format.

History

Citation

Civil Justice Quarterly, 2012, 31 (1), pp. 90-113 (24)

Author affiliation

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

Version

AM (Accepted Manuscript)

Published in

Civil Justice Quarterly

Publisher

Sweet & Maxwell

issn

0261-9261

Copyright date

2011

Available date

16/01/2012

Publisher version

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=7028&recordid=447

Language

en