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Publications

Local Government Licensing Law In Scotland

Publication Date: 2012

For the first time in the history of Scots law an author has brought together a legal textbook which acts as a practical guide to the procedures of what is commonly known as “civic licensing”

Members - £30.00 + P&P

Non Members - £40.00 + P&P

ISBN - 978-0-9555392-3-7

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About The Book

For the first time in the history of Scots law an author has brought together a legal textbook which acts as a practical guide to the procedures of what is commonly known as “civic licensing”. This eclectic new title will provide local authority staff, solicitors, the police, enforcement officers and operators with an easy-to-read 350 page guide to the Civic Government (Scotland) Act 1982 and related legislation. The author takes account of all the latest developments including: the impact of the Criminal Justice and Licensing (Scotland) Act 2010 the new public collections regime under the Charities and Trustee Investment (Scotland) Act 2005 the new HMO regime under the Housing (Scotland) Act 2006 New types of civic licences such as taxi booking offices and knife dealers, and the impact of the EU Services Directive Latest case law developments Cinema and theatre licensing theatres Sports ground certification Civil marriage approval Licences relating to animals Licences relating to hazardous goods and much more In each case the author guides us through application procedures, possible exemptions, perils and pitfalls, enforcement and offences, as well as real-life examples of how it all works in practice.

About The Author

Stephen McGowan is a leading Scottish licensing solicitor. He has authored three licensing books including “Licensing and Gambling Law in Scotland” (Avizandum, 2009) as well as various training and academic materials. He is a member of the influential Law Society of Scotland’s licensing sub-committee and has won three prestigious legal awards for his contributions to licensing in Scotland. Stephen has appeared for clients at licensing committee hearings all over Scotland.

Book Reviews

"In his inimitable style Stephen has produced yet another work which will commend itself to the library of the busy licensing practitioner…the breadth of the work is quite astonishing. Once again he is to be commended for bringing a text onto the market which is both informative and entertaining. It is rare indeed that a legal text can be described as entertaining. It is no rarity when Stephen McGowan is the author."

Scott Blair, Advocate, Murray Stable

"This is the book many practitioners in the “civic” field have been waiting for. It gives a focused, concise and often witty introduction to the myriad forms of licence required to enable controlled businesses in Scotland. It highlights “political” issues, drafting complexities and gaping legal lacunae. More importantly Stephen McGowan’s clear guidance will help all licensing practitioners find their way, whether we operate in-house or in private practice. It covers the A-Z of non-alcohol-related licensing and cleverly brings in the links between civic and liquor licensing, while demonstrating that yet again modern drafting practices have left us with an unclear path. Stephen is not afraid to grasp the nettle and describe the law as it is while offering sound solutions which, if followed, will make the licensed world less unstable. I could hardly put this book down. Stephen has a light style which makes a weighty textbook readable. You feel he is in the room answering your questions. So not bedtime reading then! If you practise licensing law you need this book."

Janet Hood, consultant, Blackadders LLP

Sex Licensing by Philip Kolvin QC

Publication Date: 2010

For the first time, England and Wales have a national licensing scheme for the entire range of sex establishments. In Sex Licensing, Kolvin deals with the law, procedures and philosophy of the legislation, and places it in its historical and political context.

Members - £15.00 + P&P

Non Members - £15.00 + P&P

ISBN - 978-0-9555392-2-0

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About The Book

For the first time, England and Wales have a national licensing scheme for the entire range of sex establishments. In Sex Licensing, Kolvin deals with the law, procedures and philosophy of the legislation, and places it in its historical and political context. Published to coincide with the implementation of the new laws on lap-dancing and other sexual entertainment venues, Sex Licensing provides an examination of the definitions of sex establishment, the application process, the grounds for refusal and the use of conditions. The book explains how other statutory provisions, including the Human Rights Act and the Provision of Services Regulations, influence decision-making under the new legislation. It also deals in detail with the adoption and transition provisions, the interface between the sex establishment provisions and premises licensing under the Licensing Act 2003 and the special provisions regarding London. Sex Licensing sets out to inform all involved in the licensing of the commercial sex industry how policy, the application process and the decision-making can all be geared to achieving a pattern and quantum of sex establishments which meets the local authority’s aspirations for its area.

About The Author

Philip Kolvin QC is a barrister specialising in licensing, who acts for local authorities, industry operators, trade associations and communities, and is the Head of Cornerstone Barristers, a leading Chambers in the field of planning, licensing, regulatory, housing and local government law. He has published extensively in the field of licensing. His books include Sex Licensing and Gambling for Local Authorities for the Institute of Licensing; Licensed Premises: Law, Practice and Policy for Bloomsbury, and the Encyclopedia of Forms and Precedents and Atkins Court Forms for Lexis Nexis.

Book Reviews

There are currently no reviews available for this publication.

Gambling for Local Authorities: Licensing, Planning & Regeneration (2nd edition)

Publication Date: 2010

This book charts the terrain of gambling law simply and succinctly for both licensing and planning professionals.

Members - £20.00 + P&P

Non Members - £20.00 + P&P

ISBN - 978-0-9555392-1-3

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About The Book

This book charts the terrain of gambling law simply and succinctly for both licensing and planning professionals.Written in a clear, accessible style, supplemented by extensive use of diagrams and tables to illustrate the key concepts, this book is designed for reading by all professionals and committee members working in the licensing and planning process relating to gambling. With its insights into the working of the legislation from the regulator’s point of view, the book will also be invaluable to other participants in the system, particularly industry operators and representatives.

About The Author

Philip Kolvin QC is a barrister specialising in licensing, who acts for local authorities, industry operators, trade associations and communities, and is the Head of Cornerstone Barristers, a leading Chambers in the field of planning, licensing, regulatory, housing and local government law. He has published extensively in the field of licensing. His books include Sex Licensing and Gambling for Local Authorities for the Institute of Licensing; Licensed Premises: Law, Practice and Policy for Bloomsbury, and the Encyclopedia of Forms and Precedents and Atkins Court Forms for Lexis Nexis.

Book Reviews

"Kolvin clearly demonstrates his enviable grasp not only of the law, but also of the industry and operation of the premises themselves which is, I think, a must for anyone practising in this area…. Overall this is an excellent text...."

Scottish Licensing Law and Practice

"In this timely and extremely important new book, Philip Kolvin and his team cut through this enormous piece of legislation with a light narrative style, incisive comments and useful practical applications. The book is suitable for anyone with any involvement with the new legislation, whether they are from the licensing authority, planning authority, gambling industry or responsible authorities or interested parties."

PH Law

"For routine and controversial decisions, this excellent book will be an indispensable guide."

Journal of Gambling Issues

“Kolvin’s excellent volume will be warmly welcomed by licensing practitioners… Its style makes for easy reading. The book provides a much needed route map through the twists and turns of the Act. It is a clear, concise and timely addition to the literature.”

Solicitors Journal

Guidance on determining the suitability of applicants & licensees - hackney & private hire trades

Publication Date: 2018

The Guidance has been produced to assist local authorities making decisions about the suitability of applicants and licensees in connection with taxi and private hire driver, vehicle and operator licences

Members - FREE

Non Members - FREE

ISBN - N/A

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About The Book

On 26th April 2018 the Institute of Licensing launched the document entitled ‘Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades’. The Guidance has been produced to assist local authorities making decisions about the suitability of applicants and licensees in connection with taxi and private hire driver, vehicle and operator licences.The document considers how regard should be had to the antecedent history of the applicant or licence holder and its relevance to their ‘fitness and propriety’ or ‘suitability’ – this would include previous convictions but may also include other information coming to light for the licensing authority to consider. The Guidance cannot have the force of legislation, new or amended; the need for which is both abundantly clear to, and fully supported by the Institute and the other organisations working with it. The Guidance can be used by local authorities as a basis for their own local policies and if widely adopted will achieve greater consistency so that applicants are less able to shop between authorities. It is acknowledged that consistency cannot be fully achieved without the imposition of national minimum standards. Cases such as the exploitation uncovered in Rotherham and subsequently other areas, together with other individual cases have highlighted the importance of vetting and assessing potential licence holders and the potentially catastrophic consequences of inadequate vetting. A level of consistency across the country would do much to ensure safety of passengers including children and vulnerable adults. The Institute of Licensing produced the Guidance in partnership with the Local Government Association (LGA), National Association of Licensing and Enforcement Officers (NALEO) and Lawyers in Local Government (LLG).

About The Author

Book Reviews

There are currently no reviews available for this publication.

Publications

For publication enquiries please contact info@instituteoflicensing.org or click here.

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