MAIDSTONE BOROUGH COUNCIL
LICENSING COMMITTEE
Hearing Procedure for Determining Applications
for Sex Establishment Licences Following Representations
Introduction and Procedure
i) The Chairman will request those persons participating in the hearing to identify themselves, starting with the:
¨ Members of the Committee.
¨ Head of Democratic Services.
¨ Legal Advisor.
¨ Committee Clerk.
¨ The applicant.
¨ Those making representations, who wish to speak.
ii) The Chairman will:
¨
Confirm
that all parties are aware of the Committee hearing procedure and have a copy.
¨
Confirm
that all Committee Members have read all the report and any other documents
regarding this application.
¨
Ask
whether there are any amendments to the application and/or whether any
conditions put forward by objectors are considered acceptable to the applicant.
The Hearing
¨ The Chairman will ask the Legal Advisor or Head of Democratic Services to briefly outline the application and his report and the representations regarding the application.
The Applicant
¨ Opening remarks by the applicant (or representative).
¨
Evidence
from the applicant and any witnesses.
¨ Any questions of each person giving evidence by persons making representations (at the discretion of the Committee).
¨ Any questions of each person giving evidence by Members.
¨ If necessary the applicant (or representative) may clarify any matter that arose during questioning.
Those
making representations:-
The Chairman will ask, where appropriate, whether a spokesperson has been appointed. At the discretion of the Committee those making representations may each or through the spokesperson, in the order determined by the Committee:
¨ Make opening remarks.
¨ Present any evidence and/or witnesses.
¨ Any questions of each person giving evidence by the applicant, (at the discretion of the Committee).
¨ Where appropriate, at the discretion of the Committee, a question may be asked between parties making representations.
¨ Any questions of each person giving evidence by Members.
¨
If
necessary those making representations may clarify any matter that arose during
questioning.
The
Legal Advisor will indicate if any further matters should be raised by the
Committee.
Closing Speeches
¨ Those making representations will be given the opportunity to sum up their case.
¨ The applicant will be given the opportunity to sum up their case.
End of Hearing
The Chairman will confirm with the Members of the Committee and then the Legal Advisor that there are no further matters to be raised or resolved before the hearing is closed.
The Chairman will bring the hearing to a close and declare that the Committee will consider the application, all relevant representations, evidence, legislation, any guidance and policy in private session if it so wishes.
The Chairman may ask the Legal Advisor to remain to advise, if necessary, during deliberations.
The
Chairman shall ask all other persons to withdraw.
The Decision
¨
The
parties will be invited to return and the Chairman will announce the decision
of the Committee.
¨
The
decision and reasons will be confirmed to the applicant and those making
representations in writing within 7 days.
¨
The
applicant can appeal a refusal or against conditions [in relation to mandatory
grounds of refusal, only where it is said the ground does not apply to the
applicant and NOT in relation to discretionary grounds sch3 para 12(3) (c) and
(d), (character of locality, number of premises in locality, use of premises in
the vicinity or layout character or condition of premises) within 21 days of
notification of decision to the Magistrates’ Court. Those making
representations have no statutory right of appeal but can apply to the Court to
permit them to take part in any appeal made.
N.B. The Committee may amend the above procedure should it consider it necessary on the grounds of fairness or to meet the need to establish facts.