3 Making decisions on quasi-judicial and regulatory matters
Quasi‑judicial matters are ones where councillors are required to apply pre-determined rules and policies in order to make decisions. Key characteristics are that:
- decisions are based on law, policy and evidence
- decision-makers must be impartial and unbiased
- parties affected may have a right to be heard
- decisions can often be appealed or legally challenged.
Regulatory matters involve the Council regulating, approving, restricting or enforcing rules that affect individuals or organisations. Key characteristics are that:
- decisions affect rights, permissions or obligations
- councillors act as a decision‑maker or regulator
- decisions must be lawful, proportionate and fair.
Click though the images below showing examples of what quasi-judicial or regulatory decisions may involve:
Quasi-judicial or regulatory decisions typically involve:
Planning applications – This includes all applications made under planning legislation. They can include ones made by individuals, companies, organisations and even the Council itself.
Applications for alcohol licensing – This includes all applications relating to alcohol licensing, including personal licence applications, premises licence applications and occasional licence applications.
Applications for betting and gaming premises – This can include premises applications for bingo halls, casinos, betting premises, adult gaming centres, family entertainment centres and permits for unlicensed family entertainment centres, gaming machines and prize gaming.
Applications for taxi licences – This can include both driving and vehicles licences for taxis and private hire vehicles.
All other forms of civic licensing – This can include licences for various matters such as short-term letting, houses in multiple occupation, street trading, market and cinema operating, public processions, skin piercing and tattooing, and certain public entertainment matters.
Actions where the council is involved in any form of statutory enforcement procedure – This can include where the council is ensuring compliance with any planning controls or conditions attached to a registration or licence it has granted.
Employment actions – This only applies in respect of actions where the Council, as an employer, is involved in any disciplinary issues that you, as a councillor, may have a remit to deal with.
Procedures for statutory approval or consent involving the council – This only applies in respect of actions where the council is involved and that you, as a councillor, may have a remit to deal with.
Appeal procedures where the council has a role and where you are expected to adjudicate on applications – This can include licence appeals, school placement appeals and rates appeals.
This list is not exhaustive. You should seek advice if you have any doubt as to whether a matter is quasi-judicial or regulatory in nature.
Next, move onto 3.1 Quasi-judicial and regulatory decisions.
