PUBLIC LAW:
The [fictitious] Pet Retailers (Registration) Regulations 2003 define a pet shop as “commercial premises used for the retail of domestic or tamed animals or birds kept for companionship or pleasure”. The Regulations state: (1) The occupier of commercial premises must not cause or permit their use as a pet shop unless the premises are licenced by the local authority in whose area the premises are situated. (2) Before issuing a pet shop licence, the local authority may consult such persons, if any, as the local authority considers it appropriate to consult. (3) The local authority may issue a pet shop licence subject to conditions. (4) If regulation (1) above is contravened, the occupier of the pet shop shall be liable on summary conviction to a fine not exceeding £50,000.
Advise in each of the following situations (each part carries equal marks).
(a) Alya lives in a flat above a small pet shop recently licenced by Catford District Council. She was not consulted before the licence was issued, which contains no conditions about weekend trading. Alya is aggrieved that the pet shop opens on Sundays, as that is her only day off and she wants to be able to enjoy her home without disturbance. The local authority responded to her letter of complaint by saying that consultation would have made no difference to its decision as it would never impose opening time restrictions on pet shops more restrictive than apply generally to small shops. To save money and time, the Catford District Council never carries out consultations in relation to pet shop licences (though most local authorities do). The petshop owner attends the same church as several councillors on Catford District Council; Alya is suspicious that this may have influenced the decision to grant the licence. Advise Alya in respect of procedural impropriety arguments she may be able to use in a judicial review challenge to Catford District Council.
(b) Several months ago, Chester decided that he wanted to start selling a small number tropical fish as a side-line in his general corner shop. He phoned the local authority and was told by an officer “don’t worry, only specialist pet shops need to apply for a licence”. Last week, the local authority sent Chester a letter saying he was trading as an unlicensed pet shop and they would be prosecuting him. Advise Chester on grounds for challenging that decision based on legitimate expectation and illegality arguments.
(c) Councillors on Dogford District Council would like their local authority to set up a cat rescue sanctuary to take in unwanted cats and sell them to lonely people in the local area. Advise them about using Part 1 of the Localism Act 2011 to achieve this. Also, consider whether there would be any difficulties in obtaining a pet shop licence for this initiative, bearing in mind that the Council would be applying to the Council.
(d) In judicial review proceedings, the Administrative Court has recently held that Snaketon Borough Council acted unlawfully when it imposed conditions on several pet shop licences banning the sale of puppies. Councillors are angry that a court has “overruled” their policy. The leader of the council asks you to brief her “about what on earth gives unelected, out of touch judges the right to meddle with political decisions taken by hardworking councillors”.
The Word Limit is 2,500 words (including any footnotes).
A bibliography at the end of your answer should list all the primary and secondary sources referred to in your answer; this does not count towards the word limit.