The Cannabis (Licensed Premises) Act 2000 (CLIP) (a fictitious act) Essay

The Cannabis (Licensed Premises) Act 2000 (CLIP) (a fictitious act) permits cannabis to be sold lawfully from licensed premises. Anyone wishing to sell cannabis - Essay Example Under the law, you are entitled to a fair assessment of your application and in the event of a denial such denial must be communicated to you replete with the reasons that the Council has for refusing your application. It is rudimentary under public and administrative law that a public agency must apprise a denied applicant the grounds for denying his application for license so that the applicant can prepare himself or herself with the appropriate rejoinders to such grounds for denial in the event that the applicant will elevate and appeal his case to the same board or a higher authority. In addition, flatly refusing you to put your case in person before the council, again without justification, so that you can appeal is in contravention of all known administrative procedural processes. The acts of the Bumbling Council, has in effect, denied you of your basic rights to notice and hearing under the fundamental tenets of due process constitutionally guaranteed by our laws. Existing statutory laws on premises licensing all enshrine these basic principles. The Licensing Act of 2003, for example, which is the current legislation and basis for premises licensing for use on licensable activities like alcohol sale and certain entertainment related businesses provide a mechanism for approving and denying applications. Specifically, Section 23 of Part 3 of the said law mandates the licensing authority to give notice of such denial with reasons, to wit: The CLIP, an older legislation, although silent on the matter is presumed to follow the elementary precepts of due process. In addition, the rationale for giving notice to the applicant of his denial and laying down therewith the grounds and reasons for such denial is founded not only on the basic principle of due process but for practical considerations as well. A denied applicant in premises licensing may seek to subsequently elevate his denied application to the magistrate court which will then