How both cafes would take the case to court

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Reference no: EM133389986

The (fictitious) Live Entertainment Venues Act 2025 makes it a criminal offence to operate a live entertainment venue without a licence from a local authority. Local authorities are empowered by the statute to include conditions in their licences and to remove licences whenever there is a "significant" breach of a licence condition. Local authority decisions may be challenged in the High Court on judicial review grounds within six weeks of the decision being made.

The Musicality Café is a popular live entertainment venue featuring live music seven days a week in the city of Borchester. Its licence contains the condition that it must "take all reasonable steps to prevent the selling and consumption of illegal drugs on its premises". The Musicality Café is sent a letter from Borchester Council stating that it is planning to remove the licence because it believes that the management of the Musicality Café have not taken reasonable steps to prevent the selling and consumption of illegal drugs on the premises. No information on the source of the allegations is given but a hearing is scheduled within two weeks of the date of the letter. When the management of the Musicality Café arrive at the hearing they are told that they will not be allowed to be represented by their lawyer and that for "operational reasons" details of the allegations and the source of the information cannot be given. They are not permitted to ask questions of the local authority enforcement officer. The appeal panel confirms the decision to remove the licence, without giving reasons.

The Dixieland Jazz Café applies for a licence as a live entertainment venue. Its application is assessed solely on the papers provided to a committee of five councillors. The application is refused on 30th March 2026 on the grounds that Borchester Council has a policy of not licensing more than two live jazz venues in the city as there is insufficient demand. The management of the Dixieland Jazz Café discovered last week that one of the councillors is the brother of the owner of one of the existing live jazz venues in Borchester, and that another member of the committee is a noted classical music critic who has described Dixieland jazz as "an abomination".

Advise:

The Musicality Café, who wish to challenge the removal of their licence; and

The Dixieland Jazz Café who wish to challenge the refusal to grant them a licence.

Could you please write roughly a thousand words so I can get the gist of these long essays. please could you talk about the procedure for both cafes for example locus standi, judicial review, procedural impropriety - how both cafes would take the case to court and what they would need to do- time limits on the case.

Reference no: EM133389986

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