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Trinity Licensing Barrister Discusses Open justice, Agenda Papers, & the Licensing Act 2003


Head of Trinity's Licensing team, barrister Charles Holland discusses what details licensing authorities should publish online about forthcoming Licensing Act 2003 hearings.

The full article that was published in the March 2020 edition of the Journal of Licensing can be found on Charles' blog.

The article debunks the common local authority perception that under Part VA of the Local Government Act 1972 agendas and reports need to be on the authority's website “five clear days” before the meeting. Charles argues that one of the many features of the licensing regime under the 2003 Act is that the provisions in Part VA of the 1972 Act do not apply.

With a focus on the developing concept of “open justice”, Charles examines what local authorities should be doing if the 1972 Act does not govern the procedure. The article will be of relevance to local authorities and licensing practitioners and covers the following:

  • An introduction to Licensing Authorities
  • The Hearings Regulations
  • Premises Licences Regulations
  • Local Government Act 1972
  • Impact of Part VA of the 1972 Act not applying to licensing committees
  • Licensing objectives
  • S 182 guidance
  • Legislative and Regulatory Reform Act 2006
  • The Openness of Local Government Bodies Regulations 2014
  • Steps licensing authorities should take when reviewing and setting its own procedure

Charles is instructed in a wide range of complex licensing matters by clients from across the country and is regularly recognised by the leading industry directories:

"He always provides practical advice and has an ability to navigate problems. He is one of the top licensing barristers in the country." "He is an exceptional advocate with fantastic research skills. He gives 100% to every case to ensure the client has the absolute best chance of success." Licensing Band 1, Chambers & Partners 2020.

"He has an eye for detail, is not afraid of challenging situations and has a commercial approach to clients' needs." Licensing, Legal 500 2020.

Charles is a Consulting Editor of Paterson's Licensing Acts and an Assistant Editor of the Journal of Licensing.

COVID-19
In response to the impact of the Coronavirus crisis, Chambers' Licensing barristers and staff are committed to providing as much assistance as possible, including urgent advice, resources and support in dealing with remote, in person and hybrid hearings. Members of the team can assist in all aspects of Licensing issues arising from the pandemic and its impact on Local Authorities, Police Authorities, Businesses and individuals. For further details, please contact the clerking team on 0191 232 1927 or by email civilclerks@trinitychambers.co.uk

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