Licensing Code
 Download the Licensing Code (87KB, PDF file)
Code Of Licensing Applications Procedures
1. Introduction
The Council issues licences relating to a number of different areas
of activity. These include night cafés, the registration
of door supervisors and annual or occasional public entertainment
licences. This document gives guidance regarding the involvement
of the Licensing Sub-Committee in the process. It explains the composition
of the Sub-Committee together with the arrangements it may make
to visit premises before Sub-Committee hearings and provides details
of the right to appeal against the Sub-Committee's decision.
2. Before the Hearing
When a licensing application is opposed, the Council may try to
assist the applicant and the objectors to reach agreement in order
to avoid the need for the Licensing Sub-Committee to determine the
application. If any objection is pursued, then the application will
be determined at an oral hearing in public by the Sub-Committee.
The Sun-Committee also determines applications where there are matters
that Members should be aware of before an application is determined,
for example late closure, or if officers do not have the authority
to deal with them. The notes on the procedure at hearings, which
have been included within this guidance, have been written to cover
opposed licensing applications. If applications come before the
Sub-Committee for one of the other reasons mentioned above, references
relating to objectors should therefore be ignored.
The Sub-Committee comprises of any Members of the Council's Licensing
Committee, which is made up of fifteen Councillors drawn from each
of the political groups represented on the Council. Members of the
Sub-Committee do not consider applications for premises located
in the wards they represent.
Site visits are usually arranged to premises to enable Sub-Committee
Members to become familiar with the premises and their surroundings.
During the visits, Members are accompanied by Council Officers and
should only enquire about and discuss factual matters relating to
the location, avoiding the temptation to put forward their own opinions.
They should not, under any circumstances, accept refreshments on
the premises or any other gift or offer of hospitality.
Return to top of page
3. Preparing for the Hearing
The applicant, objectors and Members of the Sub-Committee are informed
of the date of the licence application hearing well in advance of
the meeting (normally three weeks). Everyone is sent copies of the
relevant agenda at least three clear days before the meeting and
the applicant and objectors are given times to attend.
In considering applications, Members are required to sit in a quasi-judicial
manner. The hearing should be formal although the strict rules of
evidence do not apply and evidence is not given on oath. Attention
is drawn to the requirements of all relevant legislation, such as
the Human Rights Act and the Crime and Disorder Act. For example,
Section 17 of the Crime and Disorder Act creates a duty on the Local
Authority to exercise its various functions with due regard to the
likely effect of the exercise of those functions on, and do all
that it reasonably can to prevent, crime and disorder in its area.
Members must take this in account in making decisions on licensing
applications.
Return to top of page
4. Hearings
Hearings are held in public and normally finish on the same day.
On occasions they may extend into the evening or be adjourned to
another suitable date. Both the applicant and the objectors can
call witnesses. Objectors and witnesses may leave, if they wish,
once they have given evidence.
The Council wishes to ensure that every hearing is fair to all
concerned. Copies of these notes and proposed procedure will be
supplied to the applicant and the objectors.
In order that they may answer questions raised by Members of the
Sub-Committee and other interested parties, the applicant and the
objectors must attend the hearing even if they choose to be represented
by counsel, a solicitor or some other authorised person.
The objectors will be called to speak first so that the applicant
will know the case s/he has to answer. Where there are a number
of objectors, those objectors who are legally represented will normally
be called first so that the other objectors may have an opportunity
to see in practice the procedure to be followed. If, however, any
objector wishes to be called early in the hearing it will be helpful
if he/she will make this known to one of the Council's Officers
who will be in the room before the hearing starts.
Where the objection has been lodged by an organisation, such as
a tenants' or residents' association, it is advisable for more than
one person to attend the hearing to give evidence. Those chosen
to represent the organisations should be able to speak of their
own knowledge about the grounds of objection. (See below).
Where a number of objectors who are not represented by counsel,
etc. (see above) are opposing the application on similar grounds,
they may if they wish nominate one of their number to act as their
spokesperson. He or she can: -
(a) make a general statement in support of their case;
(b) question objectors to bring out points overlooked;
(c) question the applicant and his witnesses
Return to top of page
Before presenting evidence each person should give his/her full
name and address. The applicant and the objectors (or their representatives)
may speak in general terms in support of their case on only one
occasion - either before they or their witnesses have given evidence
or immediately afterwards.
In evidence an objector should be able to establish clearly that
his/her complaints are about the fitness of the applicant and/or
the use of the premises concerned and not about other premises such
as a restaurant, public house or club nearby. He should be able
to give the dates and times of any incidents about which he complains
and will find it helpful if he has made a note of these events as
they occurred.
If the objection is in respect of the renewal of a licence, an
objector is likely to be asked if he has made any complaints to
the applicant or the manager or other staff at the premises, to
the police, to the Council, to his landlord (if he is a tenant)
or his employer (if he occupies accommodation provided by his employer)
or to other organisations such as a residents' association. Again,
the objector will find it helpful to have a record of the complaints
he has made to refer to at the hearing.
The applicant may wish to call witnesses to give evidence about
work, which has been, or is to be, carried out at the premises to
prevent sound escape or other potential nuisance. It is desirable
for the manager to be called to give evidence, particularly if the
applicant will not personally be in day-to-day control of the premises,
so that Members of the Panel can satisfy themselves that the premises
will be conducted properly and that the conditions of any licence
granted will be observed.
The objectors may wish to call as witnesses' neighbours or visitors
to their homes or may wish to seek support from an Environmental
Health Officer where their complaints of nuisance have been investigated.
Objectors and their witnesses should limit their evidence to the
written grounds of objection.
Hearsay evidence is not normally admissible.
Return to top of page
Anyone giving evidence may be questioned by the opposing party
or parties and may be questioned by the Members. The questioning
of witnesses cannot be taken as an opportunity to enter into a discussion
or to make statements to the Sub-Committee.
The Members will wish to know the full extent of the objectors'
case but the detailed repetition of evidence is not helpful and
is time consuming. When two or three people have given full evidence,
other objectors can say briefly the extent to which they can confirm
the evidence already given and deal fully with matters not covered
by the previous witnesses. The Sub-Committee reserves the right
to interrupt any witness who presents repetitious or irrelevant
information and curtail that person's evidence.
Where documentation is to be used as supportive evidence six copies
should be provided to the Director of Law & Administration at
Bexley Civic Offices not later than eight working days prior to
the date of the meeting. If photographic or video evidence is to
be presented three copies must be provided within the same timescale.
However, the Sub-Committee Members may exercise their discretion
in this matter and may decide, after hearing from both the applicant
and the objectors, whether or not to allow the late submission of
documentation.
If, at the hearing, any document such as a statement from an objector
who is not present is introduced for the first time, the Chair of
the Sub-Committee will ask whether its introduction is opposed.
Where any party objects to the introduction of a written statement,
it will be for the Sub-Committee to decide whether it can be admitted.
When a written statement is admitted, the Sub-Committee may take
into account the fact that the person to whom the statement is attributed
is not present to be cross-examined.
When all the evidence has been heard, the Sub-Committee will retire
and then return for the Chair of the Sub-Committee to announce the
decision, which will be confirmed in writing in due course to the
applicant and objector(s) or to their legal representatives as appropriate.
The Council has no power to award costs to either side.
Return to top of page
5. Council Members
A Member of the Council has the right to object to an application
for a licence in the same way as any other member of the public.
Alternatively, a Member is entitled to appear at the public hearing
and make a statement regarding the application. A Member's statement
is usually heard before the main evidence is given, and is open
to questioning.
Return to top of page
6. Procedure for the Hearing
After the Sub-Committee has dealt with the general business items
of the agenda, the Chair of the Sub-Committee will:
(a) introduce the Members of the Sub-Committee and, where appropriate,
the officers who will provide advice or clarification to the Sub-Committee
if requested;
(b) obtain confirmation as to whether the applicant or the objectors
have any objection to the witnesses (if any) being present in the
room before they are called to give evidence; and
(c) obtain confirmation that the applicant and objectors have received
a copy of the report and proposed procedure, and whether they have
any comments regarding the proposed procedure.
The meeting will be formally informed of:
(a) the particulars of the application, which should include the
number of objectors and late objectors;
(b) the Members discretion to decide whether or not to take into
account any letters of objection received after the statutory period;
and
(c) the 'appearances' i.e. the names of the applicant and his representative
(if applicable), and the objectors and witnesses who intend to give
evidence.
Return to top of page
The Chair of the Sub-Committee will:
(a) ask Sub-Committee Members to adopt formally the procedure for
the meeting after considering any points raised by the applicant
or objectors; and
(b) invite Members of the Council who wish to make a statement
regarding the application to do so.
Following the statement by the Member(s), the applicant, objectors
and Members of the Sub-Committee may ask question(s) of the Member(s).
The objectors to the application will be asked to give their evidence
as to why the application should not be granted. The matters raised
by an objector must normally be contained within his/her original
letter of objection.
After each objector and witnesses (if any) have given evidence,
the applicant or representative may question the objector and/or
witnesses.
If appropriate an objector may re-examine his/her witness but only
on matters raised during the questioning.
Members may ask questions of objectors and witnesses at any time
but generally the most appropriate time may be at the end of any
questioning by the other parties.
At the conclusion of all the objectors' evidence, the applicant
will be invited to address the Sub-Committee and call witnesses
as appropriate as to why the application should be granted. The
applicant may wish to make reference to the matters raised by the
objectors.
Each objector who gave evidence is entitled to question the applicant
and any witnesses. It would however be helpful if one or two representatives
of the objectors put the questions.
The applicant or representative may re-examine any witnesses on
the matters raised during questioning.
Members may ask questions of the applicant or any of the witnesses
at any time but generally the most appropriate time may be after
any questioning by the other parties.
At the end of the evidence by the applicant, each objector may
summarise his/her case. Where there are a number of objectors it
would assist if one or two representatives of the objectors undertook
a summary.
The applicant or representative will be given the opportunity to
provide the final summing up of his/her case to Members.
Members of the Sub-Committee will retire to consider the evidence
with, if considered necessary, the Legal Advisor and Licensing Officer
to provide information regarding the appropriate legislation.
The Members will return to the meeting for the Chair of the Sub-Committee
to announce the decision together, if the application is granted,
with a summary of any conditions of the licence.
Chair of the Sub-Committee to close the meeting.
Return to top of page
7. Appeals against the decision
of the Licensing Sub-Committee
A person refused an application in respect of a licence or a licensee
aggrieved by any term, condition or restriction attached to the
licence can appeal to a Magistrates' Court (the Crown Court in the
case of cinema licences). The Council is the party who defends any
such appeal but the Court rehears all the evidence for and against
the grant of the application or the imposition of the term, condition
or restriction as the case may be. A person aggrieved by the order
of a Magistrates' Court on such an appeal has a right of appeal
to the Crown Court.
An objector aggrieved by the Council's decision does not have these
rights of appeal but he/she is entitled to object again when the
licence comes up for renewal.
8. Further Information
If you need any further explanation about the procedure at the
hearing you should get in touch with the Licensing Team. |
