Licensing Authority Hearing

Responsible authorities and interested parties such as local residents or businesses may make representation to any application for a new premises licence or variation to an existing licence.

If these representations cannot be resolved prior to the end of the consultation period of 28 days from the date the application was made, the Licensing Authority will arrange a hearing.

A hearing will 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 representation, application or notice as the case may require.

In their decision-making, the licensing panel must act to promote the four Licensing Objectives.

They must also have regard to the Act of Parliament, their own published statement of licensing policy, and the statutory guidance to the Act issued from time to time by the Department of Culture, Media & Sport. The conduct and order of any such hearing is expressly laid down by the Licensing Act 2003.

The panel must take such of the following steps as it considers necessary for the promotion of the objectives:

• Grant the application as requested.
• Modify the conditions by altering or omitting or adding to them as necessary for the promotion of the Licensing Objectives.
• Reject the whole or part of the application.

If the decision is made to not to grant an application as it was submitted, the applicant has the right of appeal to the Magistrates Court.

If you require assistance with a Licensing Authority Hearing, you are invited to complete our on-line Enquiry electronic form, or contact either Graham Dove or Michael Smart (Tel: 01797 253333)