Q&As

Where a local authority has produced a licence, which incorrectly states a longer licence period than the period it decided decided to grant, what is the procedure for correcting this administrative error?

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Produced in partnership with David Wilson of a2z licensing
Published on LexisPSL on 27/11/2019

The following Local Government Q&A produced in partnership with David Wilson of a2z licensing provides comprehensive and up to date legal information covering:

  • Where a local authority has produced a licence, which incorrectly states a longer licence period than the period it decided decided to grant, what is the procedure for correcting this administrative error?

Where a local authority has produced a licence, which incorrectly states a longer licence period than the period it decided decided to grant, what is the procedure for correcting this administrative error?

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (AW(LAIA)(E)R 2018), SI 2018/486 provides for the licensing of persons involved in England in selling animals as pets, providing or arranging for the provision of boarding for cats or dogs, hiring out horses, breeding dogs and keeping or training animals for exhibition.

The AW(LAIA)(E)R 2018, SI 2018/486 is a modern piece of legislation that provides two statutory mechanisms for a local authority to vary a licence. AW(LAIA)(E)R 2018, SI 2018/486, r 9(b) permits a local authority on its own initiative to vary a licence at any time with the consent in writing of the licence holder. AW(LAIA)(E)R 2018, SI 2018/486, r 16 prescribes the procedure to be followed for varying a licence without the consent of the licence holder (or suspending a licence) on the grounds set out in AW(LAIA)(E)R 2018, SI 2018/486, r 15.

Although issuing a licence for a longer period than decided by the duly authorised decision-maker is an administrative error, it would certainly be capable of correction with the licence holder’s written consent AW(LAIA)(E)R 2018, SI 2018/486, r 9(b), but may also be capable of being done without the licence

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