The Licensing Sub-Committee will meet to consider the representations made by interested parties, responsible authorities and the applicant and make its decision, usually on the day of the hearing, based upon the following:
Dispensing with a hearing
However, if all parties agree, by giving written notice to the authority, the authority may dispense with holding a hearing. During the preliminary stages of the hearing all parties will again be given the opportunity to dispense with the hearing.
Withdrawal of representations
A party who wishes to withdraw any representation may do so by giving notice to the authority no later than 24 hours before the first date of the hearing, or orally at any stage of the hearing.
Extensions of time and adjournments
The authority may extend a time limit given in the provisions, if the authority believes it to be in the public interest to do so. If the authority does so, it must give notice to all parties, stating the period of the extension and reasons for it.
The authority may adjourn a hearing to a specified date or arrange for a hearing to be held on specified additional dates, where it considers it necessary. Where a hearing has been adjourned the authority must notify the parties of the new date, time and place for the new hearing. Where additional dates for a hearing have been arranged, likewise the authority must forthwith notify all parties of the additional dates.
The authority cannot exercise the above powers if the effect would be that the application be granted or rejected or it would fail to reach a determination on a review, within the legislative timeframe.
Hearings held in public
The council has decided upon a procedure for hearings, which may be altered by the Chairman at the commencement of the hearing. Hearings Procedure
Hearings will generally be held in public. The Sub-Committee may exclude the public from all or part of a hearing if it considers that public interest is best served by doing so and, in this instance, a party and any person representing or assisting a party may be treated as a member of the public.
The Sub-Committee may require anyone attending the hearing who is, in its opinion, behaving in a disruptive manner to leave the hearing. That person may be re-admitted if the Sub-Committee permits, but if not they will be entitled to give to the Sub-Committee in writing and before the close of the hearing any information that they would otherwise have given verbally.
Representations and supporting information
If the authority permits it any party may ask questions of another party and address the authority, however cross-examination is not encouraged by the Act. Members of the authority may ask any questions of any party or other person appearing at the hearing. The authority may take into account documentary or other information produced by the party in support of the application before the hearing, or if all parties consent, at the hearing.
Qualified Privilege
Statements made in Sub-Committee meetings are subject to the general principles of the law of defamation, however the Sub-Committee's proceedings are regarded in law as a 'privileged occasion' subject to the statements made, having met the following criteria:
Failure of parties to attend the hearing
If a party has told the Licensing Authority that s/he will not attend or be represented at the hearing, the Sub-Committee may proceed in his/her absence.
If a party has not stated that s/he will not attend or be represented at the hearing, and does not attend on the day, the Sub-Committee may adjourn the hearing to a specified date if it is considered to be necessary in the public interest; or hold the hearing in the party's absence. When considering whether to adjourn or continue the hearing the Sub-Committee may seek the views of the parties present at the hearing.
Where the hearing is held in the party's absence the Sub-Committee will consider the application, representations or notice made by the absent party.
Where the hearing is adjourned to a specified date the authority must forthwith notify the parties. The Sub-Committee may be in a position to set the new date whilst the hearing is in session, or shortly afterwards and must notify the parties forthwith of the date, time and place to which the hearing has been adjourned.
The Roles of officers attending
Role of the Legal Advisor
This person will usually be an officer of the Council and will be legally qualified. They will previously have taken no part in the application, to preserve their impartiality. S/he may be asked by the Sub-Committee to provide advice or clarification on any procedural, technical or legal matter at any time during the hearing. In addition to responding to requests for advice, the Legal Advisor will give advice on:
The Legal Advisor may ask questions of witnesses and the parties in order to clarify the evidence and any issues.
When the Sub-Committee withdraws to make its determination/decision, the Legal Advisor may join the Sub-Committee, if invited, in order to give advice. The substance of advice given will be repeated when the Sub-Committee returns to the hearing, so that all parties have an opportunity to comment upon it. The Legal Advisor will then confirm or amend the advice.
The Legal Advisor will take no part in making findings of fact but may assist the Sub-Committee by reminding it of relevant evidence given during the hearing, formulating reasons and recording the reasons.
Role of the Administrator (Licensing) Co-ordinator
This person is an officer of the Council whose role at a hearing is to make a record of the proceedings, summarise and record decisions and to provide help and assistance to members of the public attending hearings. They will previously have taken no part in the application process, in order to preserve their impartiality. However, they may have been in communication with all parties in the process of setting up the hearing, and in order to facilitate the mediation process by ensuring all parties are appraised of relevant changes to the application or representations which might lead to resolution of the issues without a hearing, or which might impact upon the hearing.
The Licensing Co-ordinator remains with the Sub-Committee when they withdraw to make their decision, in order to record that decision, but will take no part in making the decision or the findings of fact.
Role of the Licensing Manager
This person is an officer of the Council whose role at the hearing is to present the case to the Sub-Committee, having prepared a report giving details of the application, the representations made and how these relate to the licensing objectives, the Council's Licensing Policy, the Act and the Guidance. The report will have been distributed to the applicant, the responsible authorities and interested parties prior to the hearing.
Prior to the hearing the Licensing Manager will have ensured that the licensing department has in contact with all parties, in an attempt to mediate and encourage negotiation in between the parties on issues which are in dispute. S/he will also have ensured that the application has been made in the correct manner, including checking that the necessary notices and advertisements have been published.
The Licensing Manager takes no part in the decision making process at the hearing and will not retire with the Sub-Committee when making its determination. If further information is required after the Sub-Committee has retired to make its determination, which this officer can provide, the hearing will be reconvened in order that all parties might hear the questions and the answers given.
Determination
The authority will determine the issue within a given statutory time-frame. Notification of the determination must be passed onto the parties `forthwith', i.e. within 48 hours, of making the determination. The notice must be accompanied by information regarding the right of a party to appeal against the determination of the authority.
Right of Appeal
The applicant has a right of appeal to the Magistrate's Court within 21 days (beginning with the day on which the applicant was notified of the Licensing Authority's decision) against a decision to:
A person who has made a relevant representation has a right of appeal to the Magistrate's Court within 21 days (beginning on the day on which the person was notified of the Licensing Authority's decision) against a decision:
However, there is a possible cost to this process, as the magistrates court may order the losing party to pay the costs of the `winning’ party. As an alternative, parties may wish to consider the review process
Telephone: 01304 872295
E-mail: licensing@dover.gov.uk
Post:
Licensing Section
Dover District Council
White Cliffs Business Park
Dover
Kent CT16 3PJ
