SUMMARY/PURPOSE

1. To determine whether or not to approve Appendix 1 on the procedure for licensing panels for future meetings.

2. To determine whether or not to adopt Appendix 2 on the treatment of late evidence for future meetings.

BACKGROUND

3. There is no specific provision in the legislation on how licensing panels should be conducted. The procedure has traditionally been entirely a matter for the chairman, in his discretion. Members have stated that some guidance on procedure would be useful to assist the chairman in the conduct of meetings

4. Members of the Panel have also noticed that both applicants and objectors frequently present evidence up to the morning of the meeting. This has in the past caused adjournments and delay.

5. At a recent training day, Members of the Panel discussed a draft document giving guidance on how late evidence should be treatment.

COUNCIL POLICY

6. There is no Council Policy directly applicable to the procedure for meetings or the treatment of late evidence. However, Members of the Council sitting in a quasi judicial capacity should aim to apply consistent standards to their decision making. The criteria set out in relation to late evidence if followed, would provide an element of consistency.

7. The guidance on procedure would also assist those chairing meetings by providing a framework to base the meeting on.

FORMAL CONSULTATION

8. There has been no formal consultation with outside agencies or Town and Parish Councils.

THIRD PARTY REPRESENTATIONS

9. There have been no third party representations.

OUTCOME OF CONSULTATIONS

None

FINANCIAL IMPLICATIONS

10. Neither of the appendices will have any financial implications in themselves. However, any successful challenge of a decision of the licensing panel on procedural grounds will have.

LEGAL IMPLICATIONS

11. The Licensing Panel sits in a quasi judicial capacity. It makes decisions that concern fundamental rights such as earning a living.

12. It is important therefore that members of the public are treated in a consistent manner.

13. Decisions of the Licensing Panel can be subject to judicial review. It is the author’s view that a transparent and consistent method of dealing with late evidence assists in protecting the decisions of the Panel from successful challenge.

14. Guidance on procedure allows those chairing meetings to ensure that the meeting is conducted in an appropriate manner allowing the panel to focus on the issues.

15. Members should be aware that the chairman will still have the discretion to depart from the procedure even if adopted if he thinks appropriate to do so.

OPTIONS

a. To only adopt the procedure in Appendix 1 as the procedure as the Licensing Panel’s policy for the conduct of licensing meetings

b. To only adopt the criteria in Appendix 2 as the Licensing Panel’s policy for dealing with the presentation of late evidence.

c. To reject both a and b

d. To adopt Appendix 1 and 2 as part of the Licensing Panels Policy

RECOMMENDATIONS

It is the author’s view that the panel should follow option d.

BACKGROUND PAPERS

Appendices Attached

Appendix 1

Appendix 2

ADDITIONAL INFORMATION

None

Contact Point : Mat Drake, Legal Services F 823019

M J A FISHER

Chief Executive Officer,

Strategic Director

Corporate Services

APPENDIX 1

LICENSING PANEL – PROCEDURE

1. □ Chairman identifies and welcomes parties and introduces Panel.

2. □ Chairman explains the nature of the application.

3. □ Chairman explains the procedure (Steps 4-10)

4. □ Officer presents report.

5. □ Questions to officer concerning the report from Panel Members

Chair

Legal Advisor

Applicant

6. □ Applicant presents case. Chairman to remind applicant that this is not an opportunity to present any new evidence or to go through the evidence already presented in minute detail. It is merely to allow the applicant to draw Members’ attention to the most important aspects of the evidence already received.

7. □ Questions to applicant from Panel Members

Chair

Legal Advisor

Officer

8 □ Objectors whose rights are substantially affected by the application presents his case.

9 □ If there is more than one objector whose rights are substantially affected by the application then the Chair may invite them to appoint a spokesperson. If this is not possible the Chair may limit the time each such person has to present their case.

10. □ Further questions of anyone who has spoken thus far if necessary from Panel Members

Chair

Legal Advisor

11. □ Panel retires into private session to consider their decision. Please clear the room.

12. □ Legal adviser announces decision and reasons.

APPENDIX 2

LATE EVIDENCE

All evidence is to be in clear and legible written form and must be received by the published deadline. This ensures that all parties have time to consider all of the evidence and prepare for the presentation of their case. However it is often the case that the Panel has a discretion to hear evidence presented after the published deadline.

If evidence is received late there are three options:-

1. Allow it to be included and carry on with the hearing on that day.

2. Refuse to allow it and disregard all such extra/late evidence and continue with the evidence correctly filed.

3. Adjourn the matter by a matter of minutes or even days to allow evidence to be considered by the Panel in detail.

When deciding whether late evidence should be allowed the Panel should have regard to the following factors.

1. Type of evidence and likely impact on case.

2. How long the party seeking to file the evidence has known about its existence.

3. Length and reason for any delay.

4. The promptness with which the party seeking to rely on the late evidence reacted once they knew of the existence of the evidence.

5. Whether it is fair in all the circumstances that the party be allowed to file the late evidence. This is to include an assessment of whether the benefits of an adjournment are proportional to the extra administration incurred.

If the Panel are of the view that the evidence should be allowed they must decide whether an adjournment is of only a few minutes or such longer period as they may decide. It is important to remember that Members must be satisfied that they have had enough time to consider all evidence that they have allowed. Brief reasons should also be given.