HEARINGS

There's been representations to the application - what happens next?

If relevant representations are made about an application, the Council will hold a hearing to consider them unless the Council, the applicant, and everyone else who has made representations agree that a hearing is not necessary.

A Notice of Hearing will be sent out to all interested parties at least ten working days before the proposed date, outlining the procedure for the hearing and the rights of those involved. The Council has established a Licensing Committee of 10 Councillors. This Committee has created Licensing Sub-Committees of 3 Councillors. These Sub-Committees (Panels) will be responsible for considering representations at a hearing. In making decisions about applications, and relevant representations, this Panel will take into account the licensing objectives set out in the new Act, the Council’s Licensing Policy, and also guidance given by the Secretary of State.

The panel may decide to hear the case whether or not the applicant or those who have made representations are present.

WHAT HAPPENS AT A HEARING?

The panel will listen to the evidence of both sides before deciding whether to the grant the licence.

Firstly the officer for the licensing authority will outline the case to be heard and will advise the panel if there have been any amendments to the information laid before them in the papers attached to the agenda.

Next, the applicant or his representatives will be invited to make a statement on the application.  They may call witnesses to support the statements made, subject to their agreement to being cross-examined by those making representations to the Panel.  The hearing Panel may also question the applicant, their representatives and witnesses.

Thirdly, those submitting representations will be invited to explain the nature of their representations. Again they may call witnesses and again may be cross- examined and questioned by the panel. Even if you can’t attend the hearing the sub committee will still consider your written representation.

Finally all parties will be invited to make a closing statement, summing up the salient points of their case.

Once all the evidence has been heard the Hearing panel will retire to consider the application. Once a decision has been reached they will return to the hearing to advise all those present of its decision.

The committee may decide to:

• Approve the application, subject to a variety of conditions
• Refuse the application
• Defer consideration for further information, amendments or a site visit.

Once a decision has been reached the licensing authority will issue a notice, forthwith, detailing the decision, outlining the reasons for it and a parties right to appeal.

WHAT HAPPENS IF I DON’T AGREE WITH THE DECISION?

An applicant or anyone whose comments or objections have not been built into the conditions of the licence, who finds that the licence has been issued despite their opposition, can appeal against the decision of a hearing. The first stage of such an appeal is via the Magistrates Court where the case will be re-heard from scratch.