Guidance for making representations
What happens after a representation has been made?
Hearings
For applications other than Minor Variations, the Council must hold a hearing to consider representations, unless:
- the representations are irrelevant frivolous; or vexatious; or
- all parties can come to an agreement beforehand, and agree that a hearing is unnecessary. For example, the Council may offer to try and resolve matters via a negotiated agreement outside a formal hearing. You will need to decide if this is appropriate for you, but you can insist upon the hearing.
If there is to be a hearing for an application to which you have submitted a representation, the Council will write to you to inform you of the date and time and will explain the format.
If an applicant withdraws their application after a hearing date has been arranged, the Council will let all parties know that the hearing has been cancelled. You should be aware that if you make representations about an application that is later withdrawn, and the applicant makes a new, amended application, your representations will not automatically be taken forward. Any amended application would need to be re-advertised as set out above. You will then have the opportunity to decide whether to make representations about the new application.
Anyone that has made a representation is required to give notice to the council at least 5 working days before the start of the hearing, stating:
- whether they will attend the hearing in person
- whether they will be represented by someone else (e.g. councillor/solicitor)
- whether they think that a hearing is unnecessary (if, for example they have come to an agreement before the formal hearing)
People making representations must let the Council know as soon as possible if they wish to withdraw their representation (by a notice no later than 24 hours before the start of a hearing, or orally at the hearing).
Hearings will be held in public, unless the Council decides there is a necessity to hold all or part of the hearing in private. The Council will ensure that a record is taken of the hearing.
Hearings will be led by the Licensing Sub-Committee which will consist of 3 Local Authority elected Councillors drawn from the Licensing Committee. The Council will explain the procedure to be followed. It will determine any request for additional Council 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 one party by another during the hearing is not allowed, unless the Authority thinks it's necessary. The parties are entitled to address the Sub-Committee and will be allowed equal time to address the Councillors 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 considered to be irrelevant.
NB - A hearing can still go ahead in the absence of any party (e.g. applicant or interested person).
Hearing decisions
At the hearing the Licensing Sub-Committee must decide how to proceed in order to promote the licensing objectives. The Sub-Committee may:
- decide to grant or vary the licence in the same terms as it was applied for;
- decide that it is necessary to refuse to issue or vary the licence;
- decide to grant or vary the licence, but to modify the Conditions;
- exclude from the scope of the licence a licensable activity;
- in the case of a premises licence, refuse the specified person as premises supervisor.
The Council must give notice of its decision within 5 working days (if it does not give a decision at the hearing) and include information on the right of a party to appeal against the decision.