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F Appendix Reviews - Hearing Procedure -

Appendix F

LICENSING AUTHORITY:

MAIDSTONE BOROUGH COUNCIL

Licensing Act 2003 Sub-Committee Hearing Procedure of

Applications for the Review of a Premises Licence or Club Premises Certificate

Introduction and Procedure

i) Introductions

The Chairman will request all those persons participating in the hearing to identify themselves, starting with the:

� Members of the sub-committee (who will, if applicable, declare any personal or prejudicial interests)

� Legal advisor

� Committee clerk

� Maidstone Borough Council licensing officers/managers

� The licence/certificate holder (and any representative)

� The applicant for review* (and any representative)

� Each responsible authority (and any representative)

� Each interested party (and any spokesperson or representative)�

ii) Procedural Matters

� Procedure

The Chairman will:

� Confirm that all parties are aware of the sub-committee hearing procedure and that each party has a copy of the hearing procedure document.

* Not applicable following a closure order.

� Submissions

The Chairman will:

� Explain that the sub-committee will allow all parties to put their case fully and make full submissions, within a reasonable time frame.

� Discussion and cross-examination

The Chairman will:

� Explain that the sub-committee procedure shall take the form of a discussion led by the sub-committee.

� Explain that the sub-committee will usually permit cross examination (conducted within a reasonable time frame).

� Disruptive Behaviour

The Chairman will:

� Explain that where any person attending the hearing behaves in a disruptive manner, the sub-committee may direct that person to leave the hearing (including temporarily) and thereafter the person may submit to the sub-committee in writing any information which the person would have been entitled to give orally had the person not been required to leave the hearing.

� Reading of Papers

The Chairman will:

� Confirm that all sub-committee members have pre�read all the papers and any other documents contained in the report regarding the hearing.

� Draft Conditions

The Chairman will:

� Enquire whether draft conditions have been agreed between the licence/certificate holder and any of the other parties for the sub-committee to consider.

� Witnesses

The Chairman will:

� Enquire whether any parties request to have any witnesses give evidence at the hearing; and if so grant the request unless the request is unreasonable.

� Invite the parties, where appropriate, to appoint a spokesperson.

The Hearing

Outline of the Application and Representations

� The Chairman will ask the legal advisor or community services manager to briefly outline the application and all representations regarding the application.

i) The Applicant for Review

� Opening remarks by the applicant for review (or their representative).

� Evidence of the applicant for review and any witnesses.

� After each person has given evidence the person may be questioned by the licence/certificate holder, each responsible authority, interested party and sub-committee member.

� If necessary, the applicant for review (or their representative) may clarify any matter that arose during questioning.

ii) Responsible Authorities (where applicable)

RESPONSIBLE AUTHORITY	Tick if applicable
Police
Trading standards
Environmental Health
Child Protection (Social Services)
Planning
Fire and Rescue

� Opening remarks by the officer representing the responsible authority (or their representative). �

� Evidence of the responsible authority officer and any witnesses.

� After each person has given evidence the person may be questioned by the applicant for review, the licence/certificate holder, each other responsible authority, interested party and sub-committee member.

� If necessary, the officer (or their representative) may clarify any matter that arose during questioning.

iii) Interested Parties

� Opening remarks by the interested party (or spokesperson/representative). �

� Evidence of the interested party and any witnesses.

� After each person has given evidence the person may be questioned by the applicant for review, the licence/certificate holder, responsible authorities, each other interested party and sub-committee member.

� If necessary, the interested party (or spokesperson/representative) may clarify any matter that arose during questioning.

iv) The Licence/Certificate Holder

� Opening remarks by the licence/certificate holder (or their representative).

� Evidence of the licence/certificate holder and any witnesses.

� After each person has given evidence the person may be questioned by the applicant for review, each responsible authority, interested party and sub-committee member.

� If necessary, the licence/certificate holder may clarify any matter that arose during questioning.

Closing Speeches

In the following order:

� The applicant for review

� Each responsible authority

� Each interested party

� The licence/certificate holder

End of Hearing

� The Chairman will ask the members of the sub-committee if they have any final questions for any party to the hearing.

� The Chairman will ask the legal advisor whether there are any further matters to be raised or resolved before the hearing is closed.

� The Chairman will invite the legal advisor to remain with the sub-committee during its deliberations.

� The Chairman will bring the hearing to a close and shall declare that the sub-committee will retire, to private session, to consider the application, all relevant representations, evidence, the relevant extracts of Licensing Authority�s Statement of Licensing Policy, the relevant extracts of the National Guidance issued under section 182 of The Licensing Act 2003 and the licensing objectives under the Licensing Act 2003.

� The Chairman shall ask all other persons to withdraw from the room.

The Decision

The Chairman shall declare in public session:

� The sub-committee�s determination.

� All parties to the hearing will receive a copy of the written Determination Notice regarding the sub-committee�s determination.

� All parties may appeal against the sub-committee�s decision within 21 days beginning with the day on which the appellant is notified of the Licensing Authority�s written determination.� Appeals must be lodged with the Magistrates� Court.� The decision of the sub-committee does not take effect until the period for appealing has ended, of if there is an appeal, upon completion of the appeal.� Parties should be aware that the Magistrates Court may make an order with respect to costs on any appeal.

� The hearing is formally closed.