LICENSING ACT 2003 – HEARING
PROCEDURE
Pre-Hearing Matters
1.
Declaration of Interests
2.
Chairman will introduce members of the Hearing
Panel
3.
Chairman will ask those present to introduce
themselves in the following order:
·
Applicant and any person representing or assisting
them (Confirmation also should be given that copies of the relevant
representations to be considered at the Hearing have been
received);
·
The Officer of the Licensing Authority, the
Committee Administrator and the Legal Advisor to the Hearing
Panel;
·
Responsible authorities that have made a relevant
representation;
·
Interested parties who have made a relevant
representation (Interested parties should confirm whether a
spokesperson has been nominated and, if so identify
them);
·
In the event of a review hearing, the
respondent.
4.
The Chairman will ask all parties to the Hearing
whether they wish to withdraw their application or
representation.
5.
The Chairman will ask the Officer of the Licensing
Authority to report:
·
Any requests from a party to the Hearing for
permission for a witness to appear in support of their
representation. Any such requests will be determined by the Hearing
Panel.
·
Any documentary or other information that a party to
the Hearing wishes to present. If there is any such material, the
Chairman will ask all the other parties to the Hearing whether they
consent to it being presented. If they agree, the material will be
distributed. If not, the said material
may not be distributed unless there are exceptional circumstances
which in the Chairman’s opinion render it necessary and
appropriate for the said material to be presented to the Hearing
Panel. In this regard the
Chairman’s decision will be final.
6.
The Chairman will invite the applicant or his
representative to estimate the time required to present their case
and ask questions of other parties to the Hearing. He will then ask
the other parties to the Hearing whether they will require a longer
period to present their representation and question the applicant.
The Hearing Panel will determine the maximum period of time allowed
for each party to put their case. This
decision will be final.
THE
HEARING
Immediately the pre-Hearing matters have been dealt with the
Hearing will commence.
1.
The Chairman will ask the Officer of the Licensing
Authority to summarise the matter under consideration.
2.
The members of the Hearing Panel, the applicant, and
those making representations may ask questions of the Officer of
the Licensing Authority.
3.
Starting with the applicant and, in the event of a
review, concluding with the respondent, each party will exercise
their rights within the identified maximum time, as
follows:
·
Each party to present their case, including
responding to any points of which the Licensing Authority has
previously given notice, and call any approved witness or witnesses
in support of their case.
·
If given permission by the Chairman, and only
through the Chairman of the Hearing, each member of Sub Committee,
office of the Licensing Authority or any party may raise questions
of any other party or witness/witnesses.
4.
Starting with the applicant and, in the event of a
review hearing, concluding with the respondent, each party will be
asked to sum up their case.
5.
All those present, other than the members of the
Hearing Panel, their Legal Advisor and the Committee Administrator,
will be asked to leave the meeting to allow Members to determine
the application.
6.
All parties will be recalled. The Legal Advisor to
the Hearing Panel will advise those present of any advice that has
been provided during the determination. The Chairman will
then:
·
either announce the decision, together with the
reasons for it if it is a Hearing in relation to an application for
which the Licensing Authority may make its determination at the
conclusion of the Hearing;
or
·
advise all the parties that the Licensing Authority
will make its determination within 5 working days, in which case
notification of the determination will be sent out in writing
(including the rights of appeal) to all relevant parties not later
than 5 working days after the Hearing date.
7.
In the event of the Licensing Authority making its
determination at the conclusion of the Hearing the Chairman will
outline the rights of appeal. The
decision and rights of appeal will also be confirmed in writing by
the Officer of the Licensing Authority forthwith.
8.
Nothing within paragraph 6 above will preclude a
Licensing Authority from making its determination at the conclusion
of any Hearing, should the Hearing Panel so decide. It is entirely within the discretion of the
Members of the said Panel whose decision in this regard will be
final.