Hearings Procedure

All References in the document to "Regulation" or "Regulations" are to the Licensing Act 2003 (Hearings Regulations) 2005 [SI. 2005 No 44]

Regulation 23 requires that "A hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless the authority considers that cross-examination is required for it to consider the representations, application or notice as the case may require".

hearings procedure
Part 1 - Introduction and Preliminaries 

1

Members of Sub-Committee and Officers are introduced to Applicant, Responsible Authorities Interested Parties, anyone giving evidence and members of the public.

Chairman

2

Declarations of interest.

Chairman

3

Any change to constitution of Sub-Committee explained (if appropriate).

Chairman

4

Explanation as to how the hearing is to be conducted.

(Hearing to be in public unless the Sub-Committee excludes the public from all or part of the hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of it, taking place in public).

(Explanation that the Authority has the right to exclude any parties disrupting the hearing, at its discretion.)

Chairman

5

Parties asked if they consider a hearing to be unnecessary?

Parties asked if they wish other persons to appear and make points at the hearing?

Chairman

6

Consideration of any party's request for permission for any other persons to appear at the hearing.

Members

7

Confirmation of compliance with:

  • Regulation 6 (Notice of Hearing)
  • Regulation 7 (Information to accompany notice of hearing)

Chairman and Licensing Manager

8

Confirmation that all parties have received:-

  • Report of the Licensing Manager
  • Copies of all relevant representations
  • Copy of this procedure

Chairman and Licensing Manager

9

Enquiry as to whether hearing is to proceed or whether hearing has been dispensed with.

Chairman and Licensing Co-ordinator

10

Opportunity given to all parties to withdraw representations.

Chairman

11

Request for permission to introduce documentary or other evidence not produced prior to the hearing. [N.B. If this is to be allowed, all parties must agree.]

Chairman

Part 2 – The Hearing

12

Introduction of Licensing Manager's report and identification of issues.

Licensing Manager

13

Members to ask Licensing Manager any relevant questions.

Members

14

Responsible Authorities making relevant representations are each asked, in turn, to state their respective cases.

Responsible Authorities

15

If a party not present Chairman introduces any written report or representation.

Chairman

16

Members of Sub-Committee may ask questions of any person who speaks.

Any party may ask Chairman to put questions to any other party but unless given permission by the Sub-Committee will not themselves be allowed to question any other party directly. For these purposes only, "any party" includes the Licensing Manager and the legal officer.

Members

Parties and Chairman

17

Interested Parties making relevant representations are each asked, in turn, to state their respective cases.

Interested Parties

18

If a party not present Chairman introduces any written report or representation.

Chairman

19

Members of Sub-Committee may ask questions of any person who speaks.

Any party may ask Chairman to put questions to any other party but unless given permission by the Sub-Committee will not themselves be allowed to question any other party directly. For these purposes only, "any party" includes the Licensing Manager and the legal officer.

Members

Parties and Chairman

20

Chairman asks Applicant if s/he understands the nature of the representations/objections made against his/her application and asked to state his/her case as to how s/he believes that his/her application satisfies the Licensing Objectives.

Chairman

21

Applicant states his/her case and may ask anyone to speak who has been given permission to do so.

Applicant

22

If applicant not present Chairman introduces any written reports or representation.

Chairman

23

Members of Sub-Committee may ask questions of the Applicant and of any person whom the Applicant has asked to speak.

Other Parties may ask Chairman to put questions to the Applicant or any other party but, unless given permission by the Sub-Committee, will not themselves be allowed to question the applicant directly. For these purposes only, "other parties" includes the Licensing Manager and the legal officer

Members

Parties and Chairman

24

At the conclusion of Members' questions the Applicant is invited to make a final statement to the Sub-Committee.

Chairman

25

Applicant makes his/her final statement.

Applicant

26

Chairman asks all parties if they are satisfied they have said all they wish to say.

Chairman

Part 3 – The Determination

27

Sub-Committee (withdrawing if necessary) makes its determination. It will be accompanied by the Licensing Co-ordinator and may be accompanied by the legal officer if it so requests.

Members

28

If legal officer has accompanied the Sub-Committee the legal officer summarises to all parties the advice given to the Sub-Committee whilst it withdrew. Parties may comment on the legal advice, which will then be confirmed or amended as appropriate

Legal officer and Parties

29

Determination on the day - Determination announced, with any conditions, with reasons or reserved (as appropriate).

Determination on a later day – Determination reached and notified to the parties "forthwith" and if not delivered immediately within 5 working days.

Chairman

30

Applicants wishing to be informed of their right of appeal to be directed to the Licensing Manager for information

Chairman

 

Notes

The Chairman may amend the procedure in the light of particular circumstances.

The authority does not initially propose putting time limits on how long parties may speak but respectfully requests that all parties keep points pertinent and the discussion moving in the interests of costs and efficiency.

Contact the Licensing Section

Telephone: 01304 872295
E-mail: licensing@dover.gov.uk