Licensing Committee
Each licensing authority must establish a licensing committee consisting of at least ten, but not more than fifteen members. Licensing authorities are responsible for administering the Act and this function is delegated to the council’s licensing committee.
A licensing committee may establish one or more sub-committees consisting of three members of the committee. These sub commitees are in charge of organising the commetee hearings to make decisions on contentious issues arising regarding to:
- Relevant representations to a new premises licence application, club premises certificate application or a variation application;
- Objections raised to a temporary event notice;
- Objections by the chief officer of police to the granting of a personal licence;
- Calls for the review of a premises licence; or
- Following a closure order.
Hearings
If the licensing authority decides that representations are relevant, it must hold a hearing to consider them. The need for a hearing can only be avoided with the agreement of the licensing authority, the applicant and all of the persons who made relevant representations. Responsible authorities should try to conclude any discussions with the applicant in good time before the hearing. Any resolved representations must be withdrawn 24 hours before the first day of any hearing. where the licensing officer is acting as a responsible authority the relevant steps should be followed to ensure that this individual has no role in the decision making process regarding the licensing determination.
In determining the application with a view to promoting the licensing objectives in the overall interests of the local community, the licensing authority must give appropriate weight to:
• the steps that are appropriate to promote the licensing objectives;
• the representations (including supporting information) presented by all the parties;
• its own statement of licensing policy.
The licensing authority should give its decision within five working days of the conclusion of the hearing (or immediately in certain specified cases) and provide reasons to support it. This will be important if there is an appeal by any of the parties.
After considering all the relevant issues, and hearing all involved parties, the licensing authority may grant the application subject to conditions or may refuse the application.
