Issue - meetings

To consider the procedure to be adopted at hearings of the Licensing Committee and Sub-Committees.

The Committee considered a report relating to the procedures to be adopted at hearings of the Licensing Committee and Sub-Committees.

The procedures in relation to hearings under the Licensing Act 2003 and the Gambling Act 2005 were to a degree regulated by secondary legislation.  It was also important to ensure that the procedures adopted by the Committee were in accordance with the rules of natural justice, as the Committee would be acting in a quasi-judicial manner.

The proposed procedures had been drafted in accordance with the relevant legislative requirements and were based on the procedures in operation within the existing district Councils.

RESOLVED – That the procedures to be followed at hearings under the Licensing Act 2003, the Gambling Act 2005 and in relation to ‘general’ licensing functions as set out at Appendices 1, 2 and 3 of the report be approved and adopted, subject to the following changes:

1.      Procedure For Hearings – Licensing Act 2003

The third sentence of the paragraph entitled ‘The Licensing Committee’ to be amended to the effect that the Chairman and Vice Chairman of the Licensing Committee shall have the discretion to refer a matter up to a hearing of the full Licensing Committee.

2. Procedure For Hearings – Gambling Act 2005

The third sentence of the paragraph entitled ‘The Licensing Committee’ to be amended to the effect that the Chairman and Vice Chairman of the Licensing Committee shall have the discretion to refer a matter up to a hearing of the full Licensing Committee.