Guidance on making a representation

If you do not want your personal details to be released then you can approach a local representative who may consider making the representation on your behalf. You should not delay in seeking a representative as any representations must be received within the 28 day notice period. You could ask a local Councillor (including Town & Parish Councillors), or any other locally recognised body or association.

It is advised that you write to the chosen representative as they will need to keep evidence of your request (in the instance of any further challenge, i.e. through an appeal hearing). You must provide them with your name, address and details of the grounds upon which your representation is made. They will need to satisfy themselves that your representation complies with the required criteria, and agree to take the matter on your behalf.

They should then submit written representation to the Licensing Authority replicating the grounds upon which your representation is made. We will then process this representation as we would any others and include a copy in the Committee report.

Please note that all future dialogue and correspondence will be held with your representative, and the licensing authority will not be in a position to make direct contact with you. Consequently the Notice of Hearing and any decision letter will also be sent to your representative.

Petitions

The Licensing Authority will accept petitions, but there are some important factors to consider before organizing a petition:

• We ask that the instigator of the petition identifies themselves as a central point of contact. We may need to make contact in order to verify certain matters and if we are unable to do this it could invalidate the petition.
• Each page of the petition should contain information as to the purpose of the petition so that all persons know what they are signing.
• Full names and addresses must be supplied, and finally all signatories must be made aware that a copy of the petition will be supplied to the applicant and a copy will be contained within the committee papers, so their personal details will become public knowledge.

We will not write to each signatory separately, but instead assume that the instigator will advise each signatory of the hearing date and the final outcome of the application. It is expected that the instigator will represent the signatories at the hearing and to speak for them. Hearings If relevant representations are made the application shall be referred for a hearing, unless the council, the applicant, and everyone else who has made representations agree that a hearing is not necessary.

Hearings

If relevant representations are made the application shall be referred for a hearing, unless the council, the applicant, and everyone else who has made representations agree that a hearing is not necessary.

The hearing will take place before a Licensing Sub-Committee which is made up of three Councillors selected from the full Licensing Committee.

All interested parties (the applicant, objectors/representatives of objectors, and any responsible authority i.e. the police, trading standards, environmental health, etc), will receive a Notice of Hearing.

The Notice will set out the date, time and location and explains the procedure to be followed at the hearing. This notice is usually sent out at least seven days before the hearing. All parties will be able to address the Sub-Committee.

Where there are a lot of objectors/supporters present, the Sub-Committee may request that a spokesperson is nominated.

Note: Whilst this is a public hearing only those who have made their identity known through their letter of representation may address the Committee in person.

Therefore if you have chosen to use a local representative, only they may speak on your behalf.

Even if you (or your representative) are unable to attend the hearing the Sub-Committee will still consider your written representation.

In making decisions the Sub-Committee will take into account all of the written and verbal evidence before them.

They also have a duty to take into account the licensing objectives set out in the Act, The Council's Statement of Licensing Policy and guidance given by the Secretary of State.

The Committee will normally announce their decision at the hearing, and written confirmation will be distributed to all parties following the hearing.

If any party is aggrieved of the decision, then there is a right of Appeal to the Magistrates Court.

This document is for guidance only.

Only the courts can give an authoritative opinion on statute law.

Every effort has been made to ensure this document is both comprehensive and accurate but in an attempt to simplify the law omissions may have been made. Please refer to the Licensing Act 2003 and associated regulations for full details of the law.

You may wish to seek your own legal advice on the matters raised in this guidance note.