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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Where a local authority has the privilege/obligation of licensing

Customer Question

Where a local authority has the privilege/obligation of licensing (a trade etc) and either grant or decline the application there is generally an obligation to give the applicant notice of the decision.
When a local authority makes a decision but does not serve notice or, if it notice is in some way defective or deficient according to the governing legislation: In general, what effect does it have on the effect of the license?
Sorry not keen to be more specific. Just looking to understand the principal a judge would apply when faced with a local authority that may have made its decision but has not followed the procedures to declare or implement its decision?
The legislation just says notice should be given and what it should include; it does not say what is the effect of not being compliant is on the license. Would I nonetheless be bound by or have the benefits of the license decision?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Is this for Judicial Review please?
Customer: replied 1 year ago.

Good Evening,


The long and short is that I have an application with a local authority to license an activity. The activity is allowed while the council gets around to making a decision; the legislation requires the authority to notify me of the outcome within a week of making their decision and, is assumed to be granted if not determined within set period

However the council has repeatedly been determining the application until within days of the end of the set period; not telling me of their decision for weeks, and not telling me properly if at all?

Can I quible the status of the license because of the authority's failure to advise me timely and/or properly?


Expert:  Ash replied 1 year ago.
Yes you can.
Clearly if the rules say you must be notified then you must. They cant get around that. Indeed if this went to a Judicial Review their decision could be overturned.
So if the law says they must X then they MUST do X.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Thanks, that is what I was kind of hoping.

However from my Devils Advocate point of view: is the decision not point of law and the communication of the decision another?

I could have writen to them weekly to find out if they had made a decision and, I could tell them how their communications are missing and/or inadequate. Does not doing so, make me culpable for not having a license, if it were denied and I was continuing to trade in the meantime?

Grateful for your observations.


Expert:  Ash replied 1 year ago.
Yes there are two points. The decision is one process and the notification another
does that help?
Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.


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