Licensing Hearing Procedures

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1. This procedure note sets out how the Licensing Committee will manage its business in an efficient, fair and transparent way. It is specific to hearings under the Licensing Act 2003 (L.A. 03) and references to a Committee is to be taken as the full Committee of 15 or a Sub-Committee of 3 Members dependent upon circumstances. The Council has an approved Statement of Licensing Policy, this can be viewed at following the link at the bottom of the page.

2. This procedure covers:

How Licensing Applications Will Be Dealt With

3. The Council has established a Licensing Committee of 15 members. The prime purpose of the Committee is to exercise all the Council’s functions under the Licensing Act 2003 and review strategy and licensing policy and make appropriate recommendations to Council.

4. Licensing applications will be dealt with in 2 ways

1. by a Licensing Sub-Committee of 3 Members of the Licensing Committee. All three members need to be present throughout the Licensing Sub-Committee convened for a hearing.
2. by Licensing Officers within the delegations of the Licensing Committee as set out in the Council’s Licensing Policy.

5. Regulations have been made dealing with applications for licences, variations and consents and the manner in which hearings are conducted. The Licensing Act 2003 (Hearings) Regulations 2005 set out the arrangements to be followed in relation to hearings held under the Act by the Council.

6. The purpose of this procedure is to help ensure that licensing applications are dealt with in accordance with the law, that probity is observed at all times, and that there is effective public participation in the process.

7. Following an application to the Council, hearings may arise following a relevant representation in respect of the following:

• To grant, transfer, review or vary a premises licence;
• For a provisional statement;
• To grant, review or vary a club premises certificate;
• To grant or renew a personal licence; and
• For conversion of an existing licence or club registration certificate during the period of transition.

8. Hearings can also arise due to:

• Cancellation of an interim authority notice following a police objection;
• Objection notice following a police objection to a temporary event notice; and
• Convictions coming to light after grant or renewal of a personal licence.

9. Where it is not possible to resolve, in the first instance, a relevant representation the

Council must:

• Arrange a public hearing within the prescribed timescales for the type of application as laid down by the regulations;
• Notify relevant parties of forthcoming hearings within prescribed timescales as laid down by the regulations;
• Provide applicants with copies of the relevant representation(s) that have been made by interested parties and responsible authorities;
• Supply appropriate information at each hearing;
• Supply appropriate information to all parties to a hearing.

How Representations Are Dealt With

10. Any interested party or responsible authority may make written representations about an application for a premises licence or certificate. Generally these must be made at any time up to and including 20 working days after the day on which the application was received. Representations received after this date will only be accepted in exceptional circumstances.

11. Anyone wishing to make representations about an application should write to the Council at the contact address given within the specified time scales.

12. A copy of all relevant representations will be provided, in full, to the applicant. The papers for the Committee hearing will be available to the press and public. Correspondence submitted anonymously will not be considered.

13. Committee members will not enter into correspondence or discussion with applicants, their agents or representatives, other interested parties or responsible authorities about the merits of the application(s) they may be called upon to decide.

14. If there are no relevant representations made to the Council, then a licence must be granted, subject to conditions consistent with the operating schedule associated with the application and those mandatory conditions required by legislation.

15. Representations that are found to be vexatious, frivolous or repetitive will not be heard, and the writer will be notified of this decision.

16. In the case of an application for the review of a licence the Council will consider an application to be repetitive where more than one request, in any 12 month period, relating to the same licensing objective is made. Exceptions may be made where there are extraordinary circumstances.

17. Where an application is to be decided at a hearing by the Committee, applicants and those who have made relevant written representations in connection with the application, will be invited to attend.

18. For the purposes of this document the term " party to the hearing" or "party" or "parties" means applicants and interested parties/responsible authorities and those who have made relevant representations.

The Committee Meeting Agenda

19. The agenda containing the officer reports on the applications to be considered at the meeting will be circulated to members of the Committee at least five working days ahead of the meeting. A copy is posted on the website and can be found at the bottom of this page or can be obtained by contacting Democratic Support on 020 8547 4623.

20. The parties to the hearing will be notified in writing prior to the meeting advising them that the application is to be considered by the Committee, and of the arrangements made for the determination of the application. Some of the parties to the hearing must also be sent the relevant representations and notices that have been given by the other parties to the hearing.

21. The Authority may also give notice to a party that it requires clarification and further information in support of their application, representations or notice.

Notices To Be Served By Parties To The Hearing

22. Parties to the hearing wishing to make representations to the Committee on A, B or C must notify the Council (using the contact details listed at the end of this procedure note) within the time scales shown.

A. - Cancellation of interim authority notice following police objections;

- Objection notice following police objection to temporary event notice.

A minimum of 1 working day before the hearing written notice must be given if applicants

• intend to attend and/or be represented at the hearing, or
• intend to call any witnesses (names of witnesses must be provided), or
• consider a hearing to be unnecessary

B. - Review of premises licence following closure order;

- Determination of application for conversion of existing licence;

- Determination of application for conversion of existing club certificate; -

Determination of application by holder of justices’ licence for grant of

personal licence.

A minimum of 2 working days before the hearing written notice must be given if applicants

• intend to attend and/or be represented at the hearing, or
• intend to call any witnesses (names of witnesses must be provided),
  or
• consider a hearing to be unnecessary

C. For all other applications

A minimum of 5 working days before the hearing written notice must be given if applicants

• intend to attend and/or be represented at the hearing, or
• intend to call any witnesses (names of witnesses must be provided),
  or
• consider a hearing to be unnecessary.

Extension Of Time Limits And Adjournment

23. The Council has the discretion to extend any of the time limits set out in this procedure where it considers that such an extension is necessary in the public interest.

24. The Committee may adjourn a hearing to a specified date if it considers that it is in the public interest. In such a case, the Council will notify all relevant parties of the reasons for the adjournment, the date, time and venue of the adjourned hearing as soon as the adjournment is agreed.

Dispensing With Hearing And Withdrawal Of Representations

25. The Council may dispense with holding a hearing where all the parties to the hearing have given written notice that they consider a hearing to be unnecessary.

26. Parties to the hearing may withdraw their representations by either giving written notice to the Council no later than 24 hours before the day of the hearing, or orally at the hearing.

Submitting Written Material To The Committee

27. All representations must be in writing and submitted to the Council within the time scales laid down in the legislation. Only in exceptional circumstances will representations outside these timescales be entertained.

Petitions

28. Organisers of petitions must live in the vicinity of the premises. If a petition is submitted, the organiser(s) should ensure that:

• The grounds of the representation are set out in detail on every page containing signatures;
• Names and addresses are clearly legible and preferably written in black;
• The date(s) on which the signatures are collected is stated;
• The names and addresses of the organisers are clearly stated for the purpose of future correspondence.

29. Petitions raised through the e-petitions system would be processed in line with the guidance for the use of this system. The only signatures on petitions – whether on paper or through the e-petitions system - which can be taken into account are from people living in the vicinity of the application, people with a business in that vicinity and/or a body representing those people or businesses.

30. Only one representative of petitioners will be permitted to speak at a hearing and they must live in the vicinity of the application.

Other documents/evidence

31. The Council has the discretion to consider whether to take into account any documentary or other evidence produced by a party before the hearing. Any documentary or other evidence produced by any party in support of an application, representations or notice of hearing, which has not been produced before the hearing can only be heard with the consent of all other parties present, and the Committee. During the hearing no new matters may be raised without the express consent of the Chair of the Committee.

Ward Members And Licensing Committees

32. Ward Members must not sit on a Licensing Committee if:

(i) They have an interest which is both personal and prejudicial.

(ii) They have expressed a view, which will give the appearance of bias; or have previously been involved in a predetermination (eg. A Ward Member who has previously sat on a Committee dealing with the application for planning permission for use of a premises as a nightclub and is now hearing a licensing application for the same premises).

33. Ward Members who have an interest which is both personal and prejudicial must not attend any hearing of the Committee. However where a Ward Member is the applicant or lives in the vicinity or is involved in a business in that vicinity and makes representations although he/she shall not attend the hearing, an agent or other representative may do so on their behalf, but only in their capacity as an interested party or applicant and not in their capacity as a Ward Member

Officers Report

34. The officers’ report to the Committee will comprise the following:

(i) A brief summary of the application

(ii) Brief summary of representations by responsible authorities and interested parties

(iii) The relevance of the Council’s Licensing Policy

(iv) Reference to National Guidance (if applicable)

(v) Brief observations of each representation

Organisation Of The Hearings

35. Prior to the hearing Members will have received copies of all representations and relevant correspondence.

36. Hearings will normally be held in public, but the public may be excluded for part or all of a hearing if it is considered to be in the public interest. Anyone who is acting in a disruptive manner may be excluded. 37. Parties to the hearing have the right to be assisted or represented by an appropriate person whether or not that person is legally qualified.

38. The order of business at the meeting is at the discretion of the Chair. For normal meetings, the order will usually be decided according to the number of parties to the hearing who are present for each item. The following criteria are used in determining the agenda:

1. Applications which are withdrawn or which officers recommend should be deferred
2. Applications which have been deferred from a previous meeting;
3. Applications regarded as a priority due to the large number of parties to the hearing who have given notice that they will attend, or be represented, or call witnesses, or address the hearing.
4. Applications for which the applicant, other interested parties or responsible authorities wish to speak;
5. All other applications;

Organisation Of The Committee Room

39. Tables will be set up for the following:

Table 1 Responsible Authorities, eg, Police, Noise Officers, Social Services.

Table 2 Local residents/businesses and others who are making relevant representation

Table 3 Applicants

Table 4 Case Licensing Officer

Hearing Procedure

40. The Committee Members will be assisted, where necessary, by

(1) Committee Secretary

(2) Legal Advisor

(3) Licensing representative – who is not party to the hearing.

41. The three officers are there to give advice and technical guidance to the Committee and do not participate in the hearing other than to clarify legal or technical matters. They are the only officers who retire with the Committee.

42. A hearing shall take the form of a discussion led by the Committee who will expect to hear from people in the following order:

1. The case-licensing officer will outline the circumstances of the application, what representations have been made, and the outcome of any discussion.
2. Relevant authorities that are making representations.
3. Local residents/businesses and others who are making relevant representations. If there are a large number of local residents they will be invited to select a spokesperson to act on their behalf
4. The Applicants.

43. Where notice has been given to a party seeking clarification of an issue further information supporting this application, representation, or notice may be given at the hearing.

44. In normal circumstances the Chair will allow up to 5 minutes for each party to make his/her submission; but in certain circumstances – e.g where the issues are more complex or where the applicant needs to respond to a considerable number of objections or points, the Chair will allow greater time.

45. During the hearing members of the Committee are permitted to ask questions of any party or other person who appears.

46. The Chair will only permit cross-examination by the parties in those instances where it is considered necessary, following a request from any party, for the clarification of an issue or to elicit further information.

Failure To Attend

47. If a party has informed the Council that they do not intend to attend or be represented at the hearing, the hearing can proceed in their absence. If a party who has not so indicated fails to attend or be represented at a hearing the Committee may:

• Adjourn the hearing to specified date, where it considers this to be necessary in the public interest; or
• Hear the case in the party's absence.

48. Where an adjournment is made the Council must notify the parties of the date, time and place to which the hearing has been adjourned.

49. Where a hearing takes place in the absence of the party the Committee must consider at the hearing the application, representations or notice made by that party.

Making The Decision

50. After having heard the representations and prior to retiring to make its decision the Committee may, if it wishes, seek the guidance of the licensing officer regarding possible suitable conditions in respect of any particular application".

51. The Committee must disregard any information given or evidence produced by a party or witness which is not relevant to: the application, representations or notice; or the promotion of the licensing objectives.

52. The Committee has a duty to behave impartially, not to predetermine the issue and not to discuss matters with press or residents. In making its decision the Committee must give reasons to support the decision. It must state in respect of premises licences why refusal or attachment of conditions is necessary in order to promote a particular licensing objective, and in respect of all other applications the reasons why applications are refused or revoked.

Notification Of The Decision

53. The decision and reasons for the decision will be recorded in the minutes of the meeting. These will be circulated and made available on the website. Applicants will be sent a decision letter shortly after the meeting outlining the decision and any conditions that are attached to the application. In addition, a letter will be sent to all those who made relevant written representations in connection with the application.

This will confirm the decision made; any conditions attached to an approved or the reasons for refusal. Details of the respective appeal rights will also be sent with this decision notice.

54. The Committee must give its decision in accordance with the regulations.

Right To Appeal

55. Applicants and the other parties to the hearing have specified appeal rights. The appeal must be made to the local Magistrates' Court within twenty-one days of the date of notification of the decision. Details of how to appeal and the grounds on which an appeal may be made will be sent out with the notification letter.