We must advertise requests for a review of a licence. We will do this by displaying a notice at or near the premises that is subject to review, and on our website, for 28 consecutive days starting on the 8th day after the application is given to us. Other interested parties and responsible authorities then have this period of 28 consecutive days starting on the 8th day after the application was given to make representations about the review.
If the request for a review is not rejected then we must hold a hearing to consider the application, unless all parties agree that this is unnecessary. For example, we may offer to try to resolve matters via a negotiated agreement outside a formal hearing. You will need to decide if this is appropriate for you but you can, of course, insist upon the hearing. We will write to you with the date and time of the hearing and will inform you of the procedure to be followed at the hearing.
AT THE HEARING
Hearings will generally be held in public, unless the Licensing Authority are satisfied that it is necessary to hold all, or part of the hearing in private, having regard to any unfairness to a party that may arise from holding a public hearing, and the need to protect the commercial and other legitimate interests of a party. We shall ensure that a record is taken of the Hearing.
Hearings will normally take the form of a discussion and will be led by the Licensing Authority, which will consist of three elected councillors (this will be the Licensing Sub-Committee drawn from a full Licensing Committee). The Licensing Authority will explain the procedure to be followed. It will determine any request for additional persons to appear at the hearing. It will consider evidence produced in support before the Hearing and can consider evidence produced by a party at the Hearing, but only if all parties agree.
Further evidence can also be produced if this was sought for clarification of an issue by the authority before the hearing. Cross-examination of another party during a hearing is not allowed, unless the Licensing Authority thinks it necessary. The parties are entitled to address the Authority and will be allowed equal time to address the Authority and, if they have been given permission by the Authority to do so, they will be given equal time to ask any questions of any other party. The Authority will disregard any information it considers to be irrelevant.
It is important that you consider what you are going to say at the Hearing, as the Licence Holder and the Sub-Committee will have seen your application for review, and may get the chance to question what you are saying.