Licensing Act 2003
Hearing procedure for Licensing Sub-Committee –
premises licence applications
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Introductions |
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1. |
The Chairman will open the meeting, introduce members of the Sub-Committee and officers present and explain the nature of the decision to be taken and the procedure to be followed. |
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2. |
The Applicant or their representative will introduce themselves to the Sub-Committee. |
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3. |
Any Responsible Authorities and/or Other Persons will introduce themselves to the Sub-Committee. |
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Summary of Application and Representations |
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4. |
The Council’s Licensing Manager will outline the application, any relevant representations and highlight any points relevant to the Licensing Authority’s Statement of Licensing Policy and statutory guidance. OR summarise the salient points of the report on the agenda. |
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5. |
The Applicant or their representative may ask the Licensing Manager QUESTIONS arising from what he/she has said or relating to the application. (The Applicant will have the opportunity to state his/her case later). |
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6. |
The Responsible Authorities may ask relevant questions of the Council’s Licensing Manager. |
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7. |
Any Other Persons may ask relevant questions of the Council’s Licensing Manager. |
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8. |
The members of the Sub-Committee may ask relevant questions of the Council’s Licensing Manager. |
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9. |
The Council’s Licensing Manager may respond to any new issues raised. |
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The Applicant’s Case |
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10. |
The Applicant or their representative will present their case.* |
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11. |
The Responsible Authorities may ask relevant questions of the Applicant or their representative. |
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12. |
Any Other Persons may ask relevant questions of the Applicant or their representative. |
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13. |
The members of the Sub-Committee may ask relevant questions of the Applicant or their representative. |
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14. |
The Applicant may respond to any new issues raised. |
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The Responsible Authorities case |
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15. |
The Responsible Authorities will present their case, in turn.* |
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16. |
The Applicant or their representative may ask relevant questions of the Responsible Authorities. |
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17. |
Any Other Persons may ask relevant questions of the Responsible Authorities. |
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18. |
The members of the Sub-Committee may ask relevant questions of the Responsible Authorities. |
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19. |
The Responsible Authorities may respond to any new issues raised. |
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The Other Persons Case |
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20. |
Any Other Persons will present their case, in turn.* |
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21. |
The Applicant or their representative may ask relevant questions of the Other Persons. |
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22. |
The Responsible Authorities may ask relevant questions of the Other Persons. |
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23. |
The members of the Sub-Committee may ask relevant questions of the Other Persons. |
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24. |
The Other Persons may respond to any new issues raised. |
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Summing Up |
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25. |
The Chairman will invite the Licensing Enforcement Officer to clarify any technical points. |
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26. |
The Chairman will invite the Other Persons to briefly summarise their case if they so wish. |
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27. |
The Chairman will invite Responsible Authorities to briefly summarise their case if they so wish. |
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28. |
The Chairman will invite the Applicant or their representative to briefly summarise their case if they so wish. |
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29. |
The Chairman will then ask all parties if they are satisfied they have said all they wish to. |
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Decision |
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30. |
The members of the Sub-Committee will retire to reach a decision in private, accompanied by the Council’s legal officer and Committee Manager. |
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31. |
Members of the Sub-Committee return. The Chairman will announce the decision of the Sub-Committee with (summary or full) reasons for the decision. |
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32. |
Meeting closed. |
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33. |
The Council’s legal officer will remain in the room to assist all parties should they require clarification of the decision and/or next steps. |
GUIDANCE NOTES
*The Licensing Authority will allow the parties an equal maximum period of time in which to address the Sub-Committee, but request that all parties keep points pertinent and the discussion moving in the interests of cost and efficiency. However, the overriding principle for the Licensing Authority will be to ensure that all parties receive a fair hearing.
(a) Cross examination of parties is at the discretion of the Sub-Committee.
(b) When the Applicant questions the Licensing Manager or any other party he/she should not go into the merits of his/her case as he/she will have an opportunity to present it at Stage 10. He/she should only ask questions relating to what the Licensing Manager or other person has said or relating to the application as a whole.
(c) The Applicant or any other party may be represented by a friend or a professional person to speak on his/her behalf who will follow the same procedure as described above and who may call the Applicant as a witness.
(d) The order or proceedings may be varied by the Chairman if he/she thinks that it is necessary to do so in the interests of affording the Applicant a fair hearing or in order to take into account all relevant considerations.
(e) If, after the Sub-Committee has withdrawn to make their decision, they decide that they need to ask a question of any of the parties involved in the proceedings or to clarify any matter then they shall do so in the presence of all parties.
(f) Members of the Sub-Committee must be present throughout the hearing and must not communicate with any party involved in the proceedings except for when they are in the presence of all of the parties and the remainder of the Sub-Committee.