Please accurately use OSCOLA for citations and the bibliography!
This will require a lot of british/english case law to be applied, and as I am a British student it will need to be written from a British persons point of view, even if you are not British!
Please use plenty of primary and secondary sources! I’d also like each scenario to be written using the IRAC method for each scenario!
IRAC method explained below.
ISSUE – What legal issue is occurring? Maybe find a case which explains the legal issue occurring. Establish what’s being asked in the scenario
RELEVANT LAW – Go in depth about cases relevant to the scenario, and find similar ones, and explain why they are similar. Detail.
APPLY THE FACTS – Ratio Decidendi, Stare Decisis, etc. The most detail should be here and “relevant law”.Apply the law from the “relevant law” part. Explain what the law means in relation to the scenario.
CONCLUSION – Arrive at a conclusion based on facts. Based on the claim, do they have a case of judicial review?
There are 3 scenarios so please use the IRAC method for each one. Each scenario will need to be have roughly the same amount of words.
Please ensure the scenarios are separated.
The primary sources must be english/british cases, legislation, etc. And the secondary sources can be books, journal articles, websites, etc. Please try to use as many footnotes as possible!
QUESTION:
The (fictional) Upshire District Council owns numerous parks and other public land which it makes available for use by local residents and groups. Where an organiser wishes to hold an event in a public park or other public outdoor space, permission to use the land must be obtained from the Council. The applicant must make an application to the licensing committee of the Council. Upshire District Council has a Conservative majority along with several independent members with far-right affiliations. The (fictional) Licensing of Council Land Act 2017 grants powers to local councils to grant licenses for use of council land. Those powers are exercised by the Licensing Committee. The 2017 Act gives discretion to the Council to determine applications for licenses to hold events on its land. As part of the exercise of those powers, Upshire District Council produced a policy to guide applicants and the Licensing Committee in determining licence applications. The following extract from the (fictional) policy applies to the events application process:
Applications to use public land will be determined by reference to the following criteria:
The suitability of the event to the proposed location, taking into account the nature and duration of the event and the surrounding area.
The need to allow reasonable intervals between events, to allow the land to recover and/or limit the impact of noise on local residents.
Whether the proposed event will conflict or compete with other activities taking place in the locality at or around the same time.
The social, economic and environmental impact of the proposed event. Factors to consider include, but are not limited to:
• Transport. Any large event is likely to lead to additional traffic on the roads as people travel to and from the venue.
• Waste management and recycling.
• Energy use and CO2.
• Social wellbeing. Events may bring additional benefits to the community, whether by raising money for charity, promoting a good cause, or encouraging neighbours to get to know one another.
The applications are determined by the Licensing Committee. The policy states that the decision of the Committee is final.
The (fictional) Electric Vehicle Owners club (EVO) applies to Upshire District Council for a licence to hold its annual members live music and BBQ event on the South Common which is owned by the Council. They apply to use the land on 3 June. The EVO has first-rate environmental aims and policies, and the event would be a low carbon affair. The EVO had regard to the application process and criteria in the published policy. EVO complied fully with the application process. EVO was not invited to attend the Licensing Committee hearing. Following the Committee hearing, EVO received a decision letter from Upshire District Council informing it that its application to hold the summer event had been refused. The letter stated that the reason for the refusal was as follows:
“It is with regret that we write to inform you that unfortunately your application has been refused. The Events Committee had regard to criteria (c): Whether the proposed event will conflict or compete with other activities taking place in the locality at or around the same time. Unfortunately, a second applicant had applied to hold an event on the same day and at the same venue and that on hearing representations, it was decided that the other application better met the policy criteria.”
The President of EVO read in the local paper that week that the local bowling club was successful in its application at the latest Licensing Committee hearing and its annual summer fete will take place in central park on 10 June. There is a picture in the paper of the Chair of the Licensing Committee pictured with the bowls captain. The Committee chairperson is also the chairperson of the bowling club. The news article made it clear that the Bowling Club had made oral representations in support of its application at the Committee hearing.
Prior to making the application, the president of the EVO was told by the Leader of the Council at the Council AGM that the Council would support EVO’s efforts to lower the carbon levels in the area and that there would be no problem them holding their event in the area over the summer.
The (fictional) Rainbow Trust is a newly formed charity established to promote the rights of the lesbian, gay and transgender members of the local community in Upshire. The Rainbow Trust applied to hold a fundraising event and community gala on 17 June in the central park. The park is owned by Upshire District Council. The aim of the gala is to bring all members of the community together. The Rainbow Trust complied fully with the application process and the policy criteria. At the Licensing Committee hearing, the committee asked several questions about the values and religious beliefs of the Rainbow Trust. Following the hearing, the Rainbow Trust received a decision letter from Upshire District Council informing it that its application to hold the summer event has been refused. The letter stated that the reason for the refusal was as follows:
“It is with regret that we write to inform you that unfortunately your application has been refused. The Licensing Committee feels that this is not a suitable event for this area. The county of Upshire is a quiet, rural area, and it is felt that this event might cause upset to some of the local residents and might offend against the local public morality.”
A local political lobby group, ProEURO, has applied to Upshire council to hold a rally and awareness-raising day in the local park. ProEURO is a left-wing political group who campaign to raise awareness of the issues surrounding the UK exit (Brexit) from the European Union and to campaign to ensure that rights are protected after Brexit. ProEURO members were invited to the Committee hearing but were not permitted to make oral representations even though the rules stipulate that applicants have 5 minutes to make their case. They were told that the meeting was running overtime and there was no time to permit them to speak. The Committee consisted of two committee members plus the Chairperson. The Chairperson is the leader of the Council and a long-standing member of the Conservative party. The other two committee members were independent councillors who were both former members of the British National Party. The decision was given at the Committee. The decision was to refuse the application. No reasons were given. One of the committee members was heard in the toilets prior to the meeting saying to the other, “it’s already a no from me for the lefty Euro do-gooders.”
Advise the Rainbow Trust, the Electric Vehicle Owners Club and ProEURO whether they have a claim for judicial review in respect of the licensing applications and likelihood of success.