Procedure and Policy for Licensing Hearings
1. Right of attendance, assistance and representation
A party may attend the hearing and may be assisted or represented by any person, whether or not that person is legally qualified.
The hearing will generally take place in public. However, the Sub-Committee may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking part in public. In such circumstances, a party and any person assisting or representing a party may be treated as a member of the public. The Sub-Committee will exclude the public (and the parties and their representatives) during the decision making process.
The Sub-Committee may require any person attending the hearing who in its opinion is behaving in a disruptive manner to leave the hearing, and may refuse to permit that person to return, or permit him to return only on such conditions as the Sub-Committee may specify. However, such a person may, before the end of the hearing, submit to the Sub-Committee in writing any information which he would have been entitled to give orally had he not been required to leave.
2. Representations and Supporting Information
At the hearing a party shall be entitled to:
Give further information as applicable in response to a point upon which notice has been given to that party that clarification is required. (Note – if such clarification is required from a party this will have been indicated in the Notice of Hearing).
Question any other party, but only if given permission by the Sub-Committee; and
Address the Sub-Committee
3. Failure of Parties to attend the Hearing
If a party has given notice that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.
If a party who has not so indicated fails to attend or be represented at a hearing, the Sub-Committee may, where it considers it to be necessary in the public interest, adjourn the hearing to a specified date, or hold the hearing in the party’s absence. If the hearing proceeds in a party’s absence, the Sub-Committee will consider and give appropriate weight to the application, representation or notice given by that party in their absence.
4. Representations and Evidence
A party who wishes to rely on information or documentary evidence that has not been submitted in advance of the issue of the Notice of Hearing should ensure that such information or evidence, together with sufficient copies for all the parties, is submitted to the Licensing Manager as soon as possible before the day of the hearing.
Parties are reminded that documentary or other information submitted on the day of the hearing may only be taken into account with the consent of all the other parties.
A party who wishes to produce audio/visual evidence should make such evidence available as soon as practical, and should give a minimum of two clear working days notice to the Licensing Manager to facilitate arrangements for the appropriate equipment to be available at the hearing.
5. Procedure
A summary of the procedure that will normally be followed at the hearing is enclosed.
It should be noted that this is a general procedure intended to cover matters that will normally be applicable at all hearings.
However, depending on the circumstances of each individual case, it is recognised that other issues may need to be considered as preliminary points at the hearing. These may include (but are not limited to):
Whether to proceed in the absence of a party
Whether to admit new documents/information submitted at the hearing
Whether it is in the public interest to exclude members of the public from the hearing or any part of the hearing (other than the decision making process)
Whether any party wished to withdraw representations previously submitted
6. Special Needs
Any person who intends to attend a hearing and who has special needs, for example in connection with access, language, hearing or vision, should inform the Licensing Manager as soon as practical prior to the day of the hearing, so that appropriate provision or arrangements may be made.
PROCEDURE TO BE FOLLOWED AT HEARINGS TO WHICH THE LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005 APPLY
The Chairman will introduce the Members and the Legal Adviser and Democratic Support Officer.
The Chairman will ask the parties to introduce themselves and any persons with them.
The Chairman will confirm that there is no reason why any of the three sub-committee Members should not participate in this matter.
The Chairman will confirm that this is a discussion led by the authority, that any questions should generally be put through the Chairman, and that cross-examination will only be permitted if the Sub-Committee considers that it is necessary.
The Chairman will ask the parties if they have any requests to cross-examine, and such requests will be considered by the Sub-Committee.
The Sub-Committee will consider any requests from the parties for permission for another person to appear at the hearing.
The Chairman will explain to the parties that the procedure to be followed will be the published one (unless the circumstances of the case require the normal procedures to be varied) – that is,
that the Licensing Manager (or his representative) will introduce the details of the application, the reason for the hearing, and the documentation,
that each party making representations will address the sub-committee in turn and will call other persons where permission has been given
that the applicant/licence holder will present his case and will call other persons where permission has been given
that Members may ask questions of all parties and persons
that questions from the parties must be directed through the Chairman unless cross-examination has been permitted under 4 above
that all parties will have the opportunity to make a closing statement, with the applicant/licence holder having the final word
that the Sub-Committee will withdraw to make its decision and formulate the reasons for the decision in private, and will ask its Legal Adviser and the Democratic Support Officer to join it in order to assist in documenting the decision and the reasons, or to provide clarification on any point. The decision will be announced in public and confirmed in writing. (In certain circumstances, the decision may not be made on the same day as the hearing). In the event that the Legal Adviser has been asked for clarification on any point then the point raised and the advice given will be declared to all parties.
The Chairman will indicate the maximum period of time each party will be allowed in which to present their case, and will seek comments from the parties before the Sub-Committee makes its final indication on this point.
The hearing will then proceed following the procedure in 7 above. The Chairman will arrange for reasonable comfort breaks throughout the hearing.
