LICENSING AUTHORITY:

MAIDSTONE BOROUGH COUNCIL

 

Licensing Act 2003 Sub-Committee Hearing Procedure of an

Application to Vary the Designated Premises Supervisor following a Police objection

 

 

 

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 chief officer of police (and any representative)

 

¨ The applicant (and any representative)

 

 

 

ii)  Procedural Matters

·         Procedure

 

The Chairman will:

 

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

 

·         Submissions

 

The Chairman will:

 

¨ Explain that the sub-committee will allow the 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.

 

 

·         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.

 

 

The Hearing

 

 

Outline of the Application and Police Objection notice

 

¨ The Chairman will ask the legal advisor or community services manager to briefly outline the application and the police objection notice regarding the application.

 

i)    Chief Officer of Police

 

¨ Opening remarks by the Chief Officer of Police (or their representative).  

 

¨ Evidence of the Chief Officer of Police and any witnesses.

 

¨ After each person has given evidence the person may be questioned by the applicant (or representative) and sub-committee members.

 

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

 

 

 

 

ii)  The Applicant

¨ Opening remarks by the applicant (or their representative).

 

¨ Evidence of the applicant and any witnesses.

 

¨ After each person has given evidence the person may be questioned by the Chief Officer of Police (or representative) and sub-committee members.

 

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

 

 

Closing Speeches

 

In the following order:

 

¨    The chief officer of police (or representative)

 

¨    The applicant (or representative)

 

 

 

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, the police objection, 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 crime prevention licensing objective 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.

¨    The parties to the hearing will receive a copy of the written Determination Notice regarding the sub-committee’s determination.

¨    The 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.  Parties should be aware that the Magistrates Court may make an order with respect to costs on any appeal.

¨    The hearing is formally closed.