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.

Topic: public law

Order Description
QUESTION Rhys Evans is a Member of the National Assembly for Wales and a well-known campaigner against the role played by Church schools in the education system in
Wales, arguing in favour of a secular education system. In this context Church schools are state-funded schools that teach a standard curriculum but which have a
particular religious character or formal links with a particular Church. The following article has recently appeared in the Cowbridge Echo, a local newspaper. Rhys’s
School Scam Rhys Evans has been a critic of Church schools for many years and has been a vocal proponent of the benefits of non-religious education. Well, Rhys may
have undergone a conversion! His daughter, aged 7, has recently started attending St David’s Church in Wales Primary School, one of the most sought after schools in
south Wales – and a Church school. A parent at St David’s Church in Wales Primary School told the Echo that Rhys and his daughter quietly started attending St David’s
Church a couple of years ago so that the young girl could get a school place. As soon as she got her place, they never set foot in church again! It seems that Rhys no
longer believes that Church schools are so harmful after all. He should clarify his position. The article is accompanied by a photograph of Rhys and his daughter
arriving atthe school. The face of his daughter has been blurred to protect her identity. Although Rhys accepts that the article and photograph are factually correct,
he has commenced proceedings in the High Court alleging that his right to privacy has been infringed. Asserting its right to freedom of expression, the Cowbridge Echo
intends to defend this claim. Explain, with reference to relevant case law, the basis on which Rhys will bring his claim and the basis on which the Cowbridge Echo will
defend it. Outline the approach that the High Court will take when considering the claim.

Note: I need the style of the references OSCOLA

Topic: public law

Order Description
QUESTION Rhys Evans is a Member of the National Assembly for Wales and a well-known campaigner against the role played by Church schools in the education system in
Wales, arguing in favour of a secular education system. In this context Church schools are state-funded schools that teach a standard curriculum but which have a
particular religious character or formal links with a particular Church. The following article has recently appeared in the Cowbridge Echo, a local newspaper. Rhys’s
School Scam Rhys Evans has been a critic of Church schools for many years and has been a vocal proponent of the benefits of non-religious education. Well, Rhys may
have undergone a conversion! His daughter, aged 7, has recently started attending St David’s Church in Wales Primary School, one of the most sought after schools in
south Wales – and a Church school. A parent at St David’s Church in Wales Primary School told the Echo that Rhys and his daughter quietly started attending St David’s
Church a couple of years ago so that the young girl could get a school place. As soon as she got her place, they never set foot in church again! It seems that Rhys no
longer believes that Church schools are so harmful after all. He should clarify his position. The article is accompanied by a photograph of Rhys and his daughter
arriving atthe school. The face of his daughter has been blurred to protect her identity. Although Rhys accepts that the article and photograph are factually correct,
he has commenced proceedings in the High Court alleging that his right to privacy has been infringed. Asserting its right to freedom of expression, the Cowbridge Echo
intends to defend this claim. Explain, with reference to relevant case law, the basis on which Rhys will bring his claim and the basis on which the Cowbridge Echo will
defend it. Outline the approach that the High Court will take when considering the claim.

Note: I need the style of the references OSCOLA