Legal and Democratic Services General Licensing Panel hearings – Procedure

The Panel will follow this procedure during the hearing. This is a quasi-judicial formal hearing, not an open discussion.  It must follow a set procedure to allow all parties (you and the council officers) a fair hearing and must conduct business in an orderly fashion.

If you wish the Panel to look at papers or photographs, please give these to the democratic services officer. Both parties have to agree that they can be shown to the Panel.

If you have a representative or someone with you for support, please let the democratic services officer know.

The Chair is in charge of proceedings.  If you wish to speak please raise your hand.  You must only speak when the Chair has invited you to do so. Please do not interrupt other speakers.

The procedure is:

1          Election of Chair - the Panel will elect a chair for the hearing (if not previously appointed) in the presence of the parties

2          Welcome and introductions - the Chair will open the meeting, introducing the members of the Panel and officers to the parties and then invite the parties or their respective representatives to introduce themselves.

3          Outlining the procedure - the Chair will then outline the nature of the application, the decisions to be taken and the procedure to be followed. If there are any preliminary issues made in any of the party response forms, those issues will be addressed and determined at this stage.

3          The Officer’s report - the hearing will begin with a presentation by the council’s officer who will outline the application, any relevant representations received and deal with all policy and statutory guidance matters by reference to their report. Members of the Panel may then ask any relevant questions of the licensing officer.

4          The objector’s case – the Chair will invite any objectors to present their case. Members of the Panel may then ask any relevant questions of the objector(s). The officer may also ask relevant questions.

4          Final submissions/summary - each party will be given the opportunity by the Chair to summarise their respective cases if they wish. Final submission shall be made in the following order:

(a) objectors

(b) the officer

5 Chair’s final comments – the Chair will invite the parties to state thy have had a fair opportunity to put their respective cases. The Panel will deal with any issues arising prior to retiring to make their decision.

6          Consideration by the Panel - the Chair will ask everyone to leave the room while the Panel makes its decision. You should be prepared to wait as you may need to come back to answer questions.  Please wait in Reception to be recalled. If you need to leave, please tell the democratic services officer. The Panel will recall all parties even if only one is asked for further explanation.

7          Panel’s decision - when the Panel has made its decision, all parties will be called back. The Chair will announce the decision. This concludes the hearing. There is no opportunity for further questions or comments, but officers may be able to answer your questions. The democratic services officer will send the decision (with reasons) in writing and details of your right to appeal. The Officer will implement the panel’s decision.