Each application that comes before the Sub-Committee will be considered on its individual merits and the authority will make its decision based upon:
- The merits of the application
- The Licensing Act 2003 and regulations made thereunder
- The promotion of the four licensing objectives
- The statement of licensing policy for this Licensing Authority
- The guidance issued by the Home Secretary under section 182 of the Licensing Act 2003
The four licensing objectives as provided by the Licensing Act 2003 are:
- The prevention of crime and disorder;
- Public safety;
- The prevention of public nuisance; and
- The protection of children from harm.
a) Any changes to the Membership of the Committee will be given at the beginning of the meeting.
b) Members of the authority may ask questions of any party or other person appearing at the hearing.
c) The Licensing Authority shall consider any request made by a party for permission for any other person (other than the person he intends to represent him at the hearing) to appear at the hearing. Such permission shall not be unreasonably withheld (this provision does not apply to a hearing under section 53B of the Act (interim steps pending review)).
d) In considering any representations or notice made by a party, the Licensing Authority make take into account documentary or other information produced by a party in support of their application, representations or notice (as applicable) either before the hearing or, with the consent of all the other parties, at the hearing. (this provision does not apply to a hearing under section 53B of the Act (interim steps pending review))
e) The Committee shall disregard any information given by a party or any person who has been given permission to appear at the hearing by them which is not relevant to:
- their application, representations or notice (as applicable) or in the case of another person, the application representations or notice of the party requesting their appearance, and
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- the promotion of the licensing objectives or, in relation to a hearing to consider a notice given by a chief officer of police, the crime prevention objective.
f) In cases where a decision cannot be given at the end of the hearing, all parties will be notified of the decision within 5 working days.
g) Persons have a right to appeal, details of which will be provided by the Licensing Manager and will be set out within the prescribed notice of decision.
h) This authority is committed to making decisions in an honest, accountable and transparent fashion but on occasion may find it necessary to exclude members of the press and public based upon the legal framework given in the Local Government Act 1972 Part 1 of Schedule 12a and/or local policy. Similarly, the Licensing Authority will generally allow all parties to ask questions of another party present, but this decision will be taken on a case by case basis and in some exceptional circumstances (where a reason will be given) cross-examination may be prohibited.
i) The Sub-Committee has the right to exclude any parties disrupting the hearing, at its discretion. In such circumstances a person may, before the end of the hearing, submit to the authority in writing any information which they would have been entitled to give orally had they not been required to leave.
j) Decisions of the sub-committee together with associated agendas and reports of previous meetings are available via the PCC web at: