Made | 12th January 2005 | ||
Laid before Parliament | 13th January 2005 | ||
Coming into force | 7th February 2005 |
(2) In these Regulations, a reference to the application, representations or notice made by a party means the application, representations or notice referred to in relation to that party in column 2 of the table in Schedule 2.
(3) In these Regulations, a reference to a section, or a paragraph of a Schedule is a reference to the section of, or the paragraph of the Schedule to, the Act.
Scope
3.
These Regulations make provision for the procedure to be followed in relation to hearings held under the Act by an authority.
Period of time within which hearing to be held
4.
The authority shall arrange for the date on which and time and place at which a hearing is to be held in accordance with regulation 5 and shall give a notice of hearing in accordance with regulations 6 and 7.
5.
Hearings to be held under the provisions listed in column 1 of the table in Schedule 1 must be commenced within the period of time specified in column 2 of the table and in a case where the hearing is to be held on more than one day, the hearing must be arranged to take place on consecutive working days.
Notice of hearing
6.
- (1) In the case of hearings under the provisions listed in column 1 of the table in Schedule 2, the authority shall give to the persons listed in column 2 of the table a notice stating the date on which and time and place at which the hearing is to be held (the "notice of hearing") in accordance with the following provisions of this regulation.
(2) In the case of a hearing under -
the authority shall give the notice of hearing no later than two working days before the day or the first day on which the hearing is to be held.
(3) In the case of a hearing under -
the authority shall give the notice of hearing no later than five working days before the day or the first day on which the hearing is to be held.
Information to accompany notice of hearing
7.
- (1) The notice of hearing shall be accompanied by information regarding the following -
(2) In relation to hearings under the provisions listed in column 1 of the table in Schedule 3, the notice of hearing given to the persons listed in column 2 of the table shall also be accompanied by the documents listed in column 3 of the table.
Action following receipt of notice of hearing
8.
- (1) A party shall give to the authority within the period of time provided for in the following provisions of this regulation a notice stating -
(2) In a case where a party wishes any other person (other than the person he intends to represent him at the hearing) to appear at the hearing, the notice referred to in paragraph (1) shall contain a request for permission for such other person to appear at the hearing accompanied by details of the name of that person and a brief description of the point or points on which that person may be able to assist the authority in relation to the application, representations or notice of the party making the request.
(3) In the case of a hearing under -
the party shall give the notice no later than one working day before the day or the first day on which the hearing is to be held.
(4) In the case of a hearing under -
the party shall give the notice no later than two working days before the day or the first day on which the hearing is to be held.
(5) In any other case, the party shall give the notice no later than five working days before the day or the first day on which the hearing is to be held.
Right to dispense with hearing if all parties agree
9.
- (1) An authority may dispense with holding a hearing if all persons required by the Act to agree that such a hearing is unnecessary, other than the authority itself, have done so by giving notice to the authority that they consider a hearing to be unnecessary.
(2) Where all the persons required by the Act to agree that a hearing is unnecessary have done so in accordance with paragraph (1), the authority, if it agrees that a hearing is unnecessary, must forthwith give notice to the parties that the hearing has been dispensed with.
Withdrawal of representations
10.
A party who wishes to withdraw any representations they have made may do so -
Power to extend time etc.
11.
- (1) Subject to regulation 13, an authority may extend a time limit provided for in these Regulations for a specified period where it considers this to be necessary in the public interest.
(2) Where the authority has extended a time limit it must forthwith give a notice to the parties stating the period of the extension and the reasons for it.
12.
- (1) Subject to regulation 13, an authority may -
where it considers this to be necessary for its consideration of any representations or notice made by a party.
(2) Where an authority has adjourned a hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.
(3) Where an authority has arranged for a hearing to be held on a specified additional date it must forthwith notify the parties of the additional date on which and time and place at which the hearing is to be held.
13.
An authority may not exercise its powers under regulations 11 and 12 in such a way that the effect will be that -
Hearing to be public
14.
- (1) Subject to paragraph (2), the hearing shall take place in public.
(2) The licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public.
(3) For the purposes of paragraph (2), a party and any person assisting or representing a party may be treated as a member of the public.
Right of attendance, assistance and representation
15.
Subject to regulations 14(2) and 25, a party may attend the hearing and may be assisted or represented by any person whether or not that person is legally qualified.
Representations and supporting information
16.
At the hearing a party shall be entitled to -
17.
Members of the authority may ask any question of any party or other person appearing at the hearing.
18.
In considering any representations or notice made by a party the authority may take into account documentary or other information produced by a party in support of their application, representations or notice (as applicable) either before the hearing or, with the consent of all the other parties, at the hearing.
19.
The authority shall disregard any information given by a party or any person to whom permission to appear at the hearing is given by the authority which is not relevant to -
Failure of parties to attend the hearing
20.
- (1) If a party has informed the authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.
(2) If a party who has not so indicated fails to attend or be represented at a hearing the authority may -
(3) Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party.
(4) Where the authority adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.
Procedure at hearing
21.
Subject to the provisions of these Regulations, the authority shall determine the procedure to be followed at the hearing.
22.
At the beginning of the hearing, the authority shall explain to the parties the procedure which it proposes to follow at the hearing and shall consider any request made by a party under regulation 8(2) for permission for another person to appear at the hearing, such permission shall not be unreasonably withheld.
23.
A hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless the authority considers that cross-examination is required for it to consider the representations, application or notice as the case may require.
24.
The authority must allow the parties an equal maximum period of time in which to exercise their rights provided for in regulation 16.
25.
The authority may require any person attending the hearing who in their opinion is behaving in a disruptive manner to leave the hearing and may -
but such a person may, before the end of the hearing, submit to the authority in writing any information which they would have been entitled to give orally had they not been required to leave.
Determination of applications
26.
- (1) In the case of a hearing under -
the authority must make its determination at the conclusion of the hearing.
(2) In any other case the authority must make its determination within the period of five working days beginning with the day or the last day on which the hearing was held.
27.
Where a hearing has been dispensed with in accordance with regulation 9, the authority must make its determination within the period of ten working days beginning with the day the authority gives notice to the parties under regulation 9(2).
Notification of determination
28.
- (1) In a case where the Act does not make provision for the period within which the authority must notify a party of its determination, the authority must do so forthwith on making it determination.
(2) In a case where -
the authority shall notify that chief officer of police of its determination, forthwith on making its determination.
29.
Where the authority notifies a party of its determination, the notice given (or, in the case of a hearing under section 31(3)(a) (determination of application for provisional statement), the statement issued) to the party must be accompanied by information regarding the right of a party to appeal against the determination of the authority.
Record of proceedings
30.
The authority shall provide for a record to be taken of the hearing in a permanent and intelligible form and kept for six years from the date of the determination or, where an appeal is brought against the determination of the authority, the disposal of the appeal.
Irregularities
31.
Any irregularity resulting from any failure to comply with any provision of these Regulations before the authority has made a determination shall not of itself render the proceedings void.
32.
In any case of such an irregularity, the authority shall, if it considers that any person may have been prejudiced as a result of the irregularity, take such steps as it thinks fit to cure the irregularity before reaching its determination.
33.
Clerical mistakes in any document recording a determination of the authority or errors arising in such document from an accidental slip or omission may be corrected by the authority.
Notices
34.
- (1) Any notices required to be given by these Regulations must be given in writing.
(2) Notwithstanding the requirement in paragraph (1) and subject to paragraph (3), that requirement shall be satisfied in a case where -
(b) the person to whom the notice is to be given has agreed in advance that such a notice may be given to them by electronic means; and
(c) forthwith on sending the text of the notice by electronic means, the notice is given to the recipient in writing.
(3) Where the text of the notice is transmitted by electronic means, the giving of the notice shall be effected at the time the requirements of paragraph (2)(a) are satisfied.
Richard Caborn
Minister of State Department for Culture, Media and Sport
Date 12th January 2005
Column 1 | Column 2 | |
Provision under which hearing is held. | Period of time within which hearing must be commenced. | |
1. | Section 18(3)(a) (determination of application for premises licence). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 17(5)(c). |
2. | Section 31(3)(a) (determination of application for a provisional statement). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 17(5)(c) by virtue of section 30. |
3. | Section 35(3)(a) (determination of application to vary premises licence). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 17(5)(c) by virtue of section 34(5). |
4. | Section 39(3)(a) (determination of application to vary premises licence to specify individual as premises supervisor). | 20 working days beginning with the day after the end of the period within which a chief officer of police may give notice under section 37(5). |
5. | Section 44(5)(a) (determination of application for transfer of premises licence). | 20 working days beginning with the day after the end of the period within which a chief officer of police may give notice under section 42(6). |
6. | Section 48(3)(a) (cancellation of interim authority notice following police objection). | 5 working days beginning with the day after the end of the period within which a chief officer of police may give notice under section 48(2). |
7. | Section 52(2) (determination of application for review of premises licence). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 51(3)(c). |
8. | Section 72(3)(a) (determination of application for club premises certificate). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 71(6)(c). |
9. | Section 85(3) (determination of application to vary club premises certificate). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 71(6)(c) by virtue of section 84(4). |
10. | Section 88(2) (determination of application for review of club premises certificate). | 20 working days beginning with the day after the end of the period during which representations may be made as prescribed under section 87(3)(c). |
11. | Section 105(2)(a) (counter notice following police objection to temporary event notice). | 7 working days beginning with the day after the end of the period within which a chief officer of police may give a notice under section 104(2). |
12. | Section 120(7)(a) (determination of application for grant of personal licence). | 20 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under section 120(5). |
13. | Section 121(6)(a) (determination of application for the renewal of personal licence). | 20 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under section 121(3). |
14. | Section 124(4)(a) (convictions coming to light after grant or renewal of personal licence). | 20 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under section 124(3). |
15. | Section 167(5)(a) (review of premises licence following closure order). | 10 working days beginning with the day after the day the relevant licensing authority receives the notice given under section 165(4). |
16. | Paragraph 4(3)(a) of Schedule 8 (determination of application for conversion of existing licence). | 10 working days beginning with the day after the end of the period within which a chief officer of police may give a notice under paragraph 3(2) or (3) of Schedule 8. |
17. | Paragraph 16(3)(a) of Schedule 8 (determination of application for conversion of existing club certificate). | 10 working days beginning with the day after the end of the period within which a chief officer of police may give a notice under paragraph 15(2) or (3) of Schedule 8. |
18. | Paragraph 26(3)(a) of Schedule 8 (determination of application by holder of a justices' licence for grant of personal licence). | 10 working days beginning with the day after the end of the period within which the chief officer of police may give a notice under paragraph 25(2) of Schedule 8. |
Column 1 | Column 2 | |
Provision under which hearing is held. | Persons to whom notice of hearing is to be given. | |
1. | Section 18(3)(a) (determination of application for premises licence). |
(1) The person who has made the application under section 17(1); (2) persons who have made relevant representations as defined in section 18(6). |
2. | Section 31(3)(a) (determination of application for provisional statement). |
(1) The person who has made the application under section 29(2); (2) persons who have made relevant representations as defined in section 31(5). |
3. | Section 35(3)(a) (determination of application to vary premises licence). |
(1) The holder of the premises licence who has made the application under section 34(1); (2) persons who have made relevant representations as defined in section 35(5). |
4. | Section 39(3)(a) (determination of application to vary premises licence to specify individual as premises supervisor). |
(1) The holder of the premises licence who has made the application under section 37(1); (2) each chief officer of police who has given notice under section 37(5); (3) the proposed individual as referred to in section 37(1). |
5. | Section 44(5)(a) (determination of application for transfer of premises licence). |
(1) The person who has made the application under section 42(1); (2) each chief officer of police who has given notice under section 42(6); (3) the holder of the premises licence in respect of which the application has been made or, if the application is one to which section 43(1) applies, the holder of that licence immediately before the application was made. |
6. | Section 48(3)(a) (cancellation of interim authority notice following police objection). |
(1) The person who has given notice under section 47(2); (2) each chief officer of police who has given notice under section 48(2). |
7. | Section 52(2) (determination of application for review of premises licence). |
(1) The holder of the premises licence in respect of which the application has been made; (2) persons who have made relevant representations as defined in section 52(7); (3) the person who has made the application under section 51(1). |
8. | Section 72(3)(a) (determination of application for club premises certificate). |
(1) The club which has made the application under section 71(1); (2) persons who have made relevant representations as defined in section 72(7). |
9. | Section 85(3)(a) (determination of application to vary club premises certificate). |
(1) The club which has made the application under section 84(1); (2) persons who have made relevant representations as defined in section 85(5). |
10. | Section 88(2) (determination of application for review of club premises certificate). |
(1) The club which holds the club premises certificate in respect of which the application has been made; (2) persons who have made relevant representations as defined in section 88(7); (3) the person who has made the application under section 87(1). |
11. | Section 105(2)(a) (counter notice following police objection to temporary event notice). |
(1) The premises user; (2) each chief officer of police who has given notice under section 104(2). |
12. | Section 120(7)(a) (determination of application for grant of personal licence). |
(1) The person who has made the application under section 117(1); (2) the chief officer of police who has given notice under section 120(5). |
13. | Section 121(6)(a) (determination of application for renewal of personal licence). |
(1) The person who has made the application under section 117(1); (2) the chief officer of police who has given notice under section 121(3). |
14. | Section 124(4)(a) (convictions coming to light after grant or renewal of personal licence). |
(1) The holder of the licence in respect of which the notice has been given; (2) the chief officer of police who has given notice under section 124(3). |
15. | Section 167(5)(a) (review of premises licence following closure order). |
(1) The holder of the premises licence in respect of which the review has been made; (2) persons who have made relevant representations as defined in section 167(9). |
16. | Paragraph 4(3)(a) of Schedule 8 (determination of application for conversion of existing licence). |
(1) The person who has made the application under paragraph 2(2) of Schedule 8; (2) each chief officer of police who has given notice under paragraph 3(2) or (3) of Schedule 8. |
17. | Paragraph 16(3)(a) of Schedule 8 (determination of application for conversion of existing club certificate). |
(1) The club which has made the application under paragraph 14(2) of Schedule 8; (2) each chief officer of police who has given notice under paragraph 15(2) or (3) of Schedule 8. |
18. | Paragraph 26(3)(a) of Schedule 8 (determination of application by holder of a justices' licence for grant of personal licence). |
(1) The person who has made the application under section 117 to which paragraph 23(1) of Schedule 8 applies; (2) the chief officer of police who has given notice under paragraph 25(2) of Schedule 8. |
Column 1 | Column 2 | Column 3 | |
Provision under which hearing is held | Person to whom notice of hearing is given | Documents to accompany notice of hearing | |
1. | Section 18(3)(a) (determination of application for premises licence). | The person who has made the application under section 17(1). | The relevant representations as defined in section 18(6) which have been made. |
2. | Section 31(3)(a) (determination of application for provisional statement). | The person who has made the application under section 29(2). | The relevant representations as defined in section 31(5) which have been made. |
3. | Section 35(3)(a) (determination of application to vary premises licence). | The holder of the premises licence who has made the application under section 34(1). | The relevant representations as defined in section 35(5) which have been made. |
4. | Section 39(3)(a) (determination of application to vary premises licence to specify individual as premises supervisor). |
(1) The holder of the premises licence who has made the application under section 37(1); (2) the proposed individual as referred to in section 37(1). |
The notices which have been given under section 37(6). |
5. | Section 44(5)(a) (determination of application for transfer of premises licence). |
(1) The person who has made the application under section 42(1); (2) the holder of the premises licence in respect of which the application has been made or, if the application is one to which section 43(1) applies, the holder of that licence immediately before the application was made. |
The notices which have been given under section 42(6). |
6. | Section 48(3)(a) (cancellation of interim authority notice following police objection). | The person who has given notice under section 47(2). | The notices which have been given under section 48(2). |
7. | Section 52(2) (determination of application for review of premises licence). | The holder of the premises licence in respect of which the application has been made. | The relevant representations as defined in section 52(7) which have been made. |
8. | Section 72(3)(a) (determination of application for club premises certificate). | The club which has made the application under section 71(1). | The relevant representations as defined in section 72(7) which have been made. |
9. | Section 85(3)(a) (determination of application to vary club premises certificate). | The club which has made the application under section 84(1). | The relevant representations as defined in section 85(5) which have been made. |
10. | Section 88(2) (determination of application for review of club premises certificate). | The club which holds the club premises certificate in respect of which the application has been made. | The relevant representations as defined in section 88(7) which have been made. |
11. | Section 120(7)(a) (determination of application for grant of personal licence). | The person who has made the application under section 117(1). | The notice which has been given under section 120(5) |
12. | Section 121(6)(a) (determination of application for renewal of personal licence). | The person who has made the application under section 117(1). | The notice which has been given under section 121(3). |
13. | Section 124(4)(a) (convictions coming to light after grant or renewal of personal licence). | The holder of the licence in respect of which the notice has been given. | The notice which has been given under section 124(3). |
14. | Section 167(5)(a) (review of premises licence following closure order). | The holder of the premises licence in respect of which the review has been made. | The relevant representations as defined in section 167(9) which have been made. |