Committees and Joint Arrangements
Chapter 25: Licensing Committees and Sub-Committee
Section 25.1: Introduction
TheLicensing Committeeoversees the discharge of all licensing functions of the Council as the Licensing Authority under the Licensing Act 2003 and the Gambling Act 2005 (excluding the Council’s Statement of Licensing Policy).
TheLicensing Regulatory Committeereviews licensing fees and charges and oversees the Licensing activities of the Environmental Health and Trading Standards Service.
TheLicensing Regulatory Committeealso has a responsibility to consider and determine matters under Section 2 of the Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 regarding the control of sex establishments within the borough. It also considers and determines matters under the London Local Authorities Act 1991 in respect of premises providing or wishing to provide special treatments within the borough where objections have been received and not withdrawn.
TheLicensing CommitteeestablishesLicensing Sub-Committeesto consider Alcohol and Entertainment Licensing matters under the Licensing Act 2003.
The meetings are an opportunity for councillors to make a decision based on the points of view of all relevant parties.
The Licensing Code of Conduct is at Part C Section 34.
Section 25.2: Licensing Committee Terms of Reference
Summary Description:The Committee is responsible for overseeing the discharge of all licensing functions of the Council as the licensing authority under the provisions of the Licensing Act 2003 and the Gambling Act 2005 (with the exception of the adoption and publication of the Council’s Statement of Licensing Policy and the adoption and publication of the Council’s Statement of Principles for Gambling and any resolution not to permit casinos, which are functions of the Council). References to the Licensing Act 2003 and Gambling Act 2005 in these terms of reference include any amendments, regulations made under them, and any other relevant legislation.
Membership:As a body established under the 2003 and 2005 Acts, the Committee is not required to follow proportionality rules. However, the Council has agreed that it should have the same Membership and Chair as the Licensing Regulatory Committee.
Table of Functions
Functions | Delegation of Functions |
|---|---|
1. To consider and recommend to Full Council whether to resolve not to issue a casino premises licence pursuant to Section 166 Gambling Act 2005. | None |
2. All matters relating to the discharge by the authority of its licensing functions as required by s7(1) Licensing Act 2003 unless delegated to the Licensing Sub-Committee or to officers. | Delegated to the Licensing Sub-Committee where set out in its Terms of Reference.Delegated to officers where no objection is received. |
3. To receive reports on Licensing Act 2003 matters, as required by the Council’s Policy Statement on Licensing. | None |
4. To establish Licensing Sub-Committees and determine their terms of reference. The Licensing Sub-Committee will be made up of three Members of this Committee. | None |
5. To agree procedures for operation by the Licensing Committee and Licensing Sub-Committee when conducting hearings and other functions within their terms of reference. | None |
6. To consider any reports which are required by statute to be submitted to the Licensing Committee. | None |
7. To be responsible for the delegation to officers of functions under the Licensing Act 2003 and Gambling Act 2005. | None |
8. All non-executive functions relating to the Gambling Act 2005 unless delegated to the Licensing Sub-committee as set out below or to officers within the Constitution. | As set out |
9. The power to determine fees and charges under the Gambling Act 2005. | None |
10. To receive reports on policy updates, changes, and other reports related to the Committee’s remit. | None |
Quorum:4 Members of the Committee
Section 25.3: Licensing Sub-Committee Terms of Reference
Summary Description:The Licensing Sub-Committee has been established by the Licensing Committee to determine all applications under the Licensing Act 2003 and the Gambling Act 2005 as set out in the table of functions below where an objection or relevant representation has been made.
Membership and Chairing:The Licensing Sub Committee shall be made up of any three Members of the Licensing Committee and Sub-Committee Chairs are designated members of the Licensing Committee and appointed by the Licensing Committee.
Table of Functions
FunctionsThe Sub Committee shall consider applications submitted in accordance with the requirements of the Licensing Act 2003, including: | Delegation of Functions |
|---|---|
1. Determination of applications for a premises licence where representations have been made (Section 18(3) of the Licensing Act 2003) | None |
2. Determination of applications for provisional statements where representations have been made (Section 31(3) of the Licensing Act 2003) | None |
3. Determination of applications to vary a premises licence where representations have been made (Section 35(3) of the Licensing Act 2003) | None |
4. Determination of applications to vary a premises licence to specify an individual as premises supervisor following police objection (Section 39(3) of the Licensing Act 2003) | None |
5. Determination of applications for transfer of a premises licence following police objection (Section 44(5) of the Licensing Act 2003) | None |
6. Consideration of police objection made to interim authority notice (Section 48(3) of the Licensing Act 2003) | None |
7. Determination of applications for a review of a premises licence (Section 52(2) of the Licensing Act 2003) | None |
8. Determination of interim steps pending summary review (Section 53A(2)(a) or 53B Licensing Act 2003) | None |
9. Determination of applications for club premises certificate where representations have been made (Section 72(3) of the Licensing Act 2003) | None |
10. Determination of applications to vary a club premises certificate where representations have been made (Section 85(3) of the Licensing Act 2003) | None |
11. Determination of applications for review of a club premises certificate (Section 88(3) of the Licensing Act 2003) | None |
12. Determination of counter notice following objection to a temporary event notice (Section 105(2) of the Licensing Act 2003) | None |
13. Determination of applications for grant of a personal licence following police objection (Section 120(7) of the Licensing Act 2003) | None |
14. Determination of personal licence where convictions come to light after the grant or renewal of the personal licence (Section 124(4) of the Licensing Act 2003) | None |
15. Determination of the review of a premises licence following a closure order (Section 167(5) of the Licensing Act 2003) | None |
16. Consideration and determination of suspension or revocation of personal licence following conviction for relevant offence or relevant foreign offence (Section 132A Licensing Act 2003) | None |
17. To consider all applications submitted under and in accordance with the Gambling Act 2005 | None |
Quorum: 3 Members of the Licensing Committee
Section 25.4: Licensing Regulatory Committee Terms of Reference
Summary Description:To exercise all licensing and registration functions (including the setting of fees as appropriate) to the extent they are not the responsibility of the Licensing Committee.
Membership:15 Members of the Council. No substitute members may be appointed for this committee. The Chair and Vice-Chair of the Licensing Regulatory Committee shall be identical to those of the Licensing Committee.
Table of Functions
Functions | Delegation of Functions |
|---|---|
1. To consider and determine matters under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (as amended) regarding the control of sex establishments within the Borough. | The Corporate Director Communities (or any officer authorised by them) has the authority to consider and determine all applications for licences where no objections have been made or objections have been made and withdrawn within the appropriate time frame. |
2. To consider and determine matters under London Local Authorities Act 1991 in respect of premises providing or wishing to provide special treatments within the Borough. | The Corporate Director Communities (or any officer authorised by them) has the authority to consider and determine all applications for licences where no objections have been made or objections have been made and withdrawn within the appropriate time frame. |
3. To note and consider reports recommending that full Council approve changes to licensing fees under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, the London Local Authorities Act 1991, and the Local Government (Miscellaneous Provisions) Act 1982. | The Corporate Director, Communities (or any officer authorised by them) has the authority to determine fees for premises licences in respect of gambling. |
4. To receive reports on policy updates, changes, and other reports related to the Committee’s remit. | None |
Quorum: 4 Members of the Committee
Section 25.5: Licensing Committee – Rules of Procedure governing applications for premises licenses and other permissions under the Licensing Act 2003
Subsection 25.5.1:
These Procedures describe the way in which hearings will be conducted under the Licensing Act 2003, as set out in the Licensing Act 2003 (Hearings) Regulations 2005 (as amended) (‘the Hearings Regulations’). The Procedures take into account the Licensing Act (Premises Licences and Club Premises Certificates) Regulations 2005.
Except where otherwise stated, references in this Code are to the Licensing Committee and its Sub-committees and the expression ‘Licensing Committee’ should be interpreted accordingly.
The Hearings Regulations provide (Regulation 21) that a Licensing Authority shall, subject to the provisions of those Regulations, determine for itself the procedure to be followed at a hearing.
These Procedures, therefore, set out the way in which Licensing Committee Meetings will be conducted under the Licensing Act 2003, following the requirements of the Hearings Regulations.
Proceedings will not be rendered void only as the result of failure to comply with any provision of the Hearings Regulations (Regulation 31) save that in any case of such an irregularity, the Licensing Committee 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 (Regulation 32).
Subsection 25.5.2:
The Sub-Committee will consist of three (3) members and no business shall be transacted unless three (3) members of the Licensing Committee are present and able to form a properly constituted Licensing Sub-Committee. In such cases the Chair shall have a second or casting vote.
Subsection 25.5.3:
The hearing shall take place in public save that the Licensing Committee may exclude the public from all or part of a hearing where it considers that, on balance, it is in the public interest to do so. The parties and any person representing them may be excluded in the same way as another member of the public. Any person so excluded may, before the end of the hearing, submit to the Licensing Committee in writing, any information which, they would have been entitled to give orally had they not been required to leave. Where there are a number of items on the agenda, the adjournment of that item for a short period, whilst another item is heard, may allow this process to be carried out effectively.
The Chair will begin by asking the parties to identify themselves and confirm whether or not they are represented.
The Licensing Committee should always satisfy itself that sufficient notice of the hearing has been given to all parties and if not satisfied, then the Licensing Committee should take such steps as it thinks fit to deal with that issue before reaching its determination and this could include adjourning that application to a later date.
The Licensing Committee will then consider any requests by a party for anyother person to be heard at the hearing in accordance with the Regulations. Permission will not be unreasonably withheld provided proper notice has been given.
The Chair will then explain how the proceedings will be conducted, and indicate any time limits that may apply to the parties to the application. In setting time limits, the Licensing Committee will take into account the importance of ensuring that all parties receive a fair hearing, and the importance of ensuring that all applications are determined expeditiously and without undue delay. Further the Licensing Committee must have regard to the requirement to allow each party an equal amount of time.
If a party considers that any time limit is not sufficient then they should address the Licensing Committee and which will determine accordingly.
If any party has informed the Authority that they will not be attending or be represented at the hearing or any party does not give notice that they will not be attending but fails to attend and is not represented, the Licensing Committee may proceed in their absence or adjourn the hearing if it considers it to be necessary in the public interest. An adjournment will not be considered where due to the operation of the Hearing Regulations it would not be possible to adjourn.
If the Licensing Committee adjourns the hearing to a specified date it must specify the date, time and place to which the hearing has been adjourned and why it is considered necessary in the public interest.
If the Licensing Committee holds the hearing in the absence of a party, it will consider at the hearing the application, representation or notice given by that party.
The Chair will invite an Officer of the LicensingSectionto present thereport by briefly summarising the application and the number and type of the representations as set out in the papers circulated. The Officer will also advise of any discussions held with the parties; any amendments made to the application; any representations withdrawn; and any agreed conditions that the Licensing Committee is being asked to consider. The Officer shall not give any opinion on the application or ask the Committee to make an inference based on such an opinion.
Members of the Licensing Committee can then ask questions of clarification of the Licensing Officer or seek legal advice from the Legal Adviser to the Licensing Committee if they require in respect of matters raised during the presentation by the Licensing Officer.
The Legal Adviser to the Licensing Committee will then give any relevant legal advice that the Licensing Committee need to take into consideration.
The Chair will then ask the applicant or their representative, if present, to present a summary of the nature and extent of the application. This should be brief, avoid repetition of material already available to the Licensing Committee in the Officer’s report or otherwise, and include any reasons why an exception should be made to the Council’s Licensing Policy, where appropriate, and respond to the written representations received. The submission may be followed by the evidence of any person who has been given permission by the Committee to give supporting evidence on behalf of the applicant or who has made a representation in favour of the application.
The application is to be presented within the time limit that has been set.
Where an applicant is unrepresented and having difficulty in presenting their application then the Legal Adviser to the Licensing Committee may ask questions of the applicant so that the relevant points are addressed and clarified for the Licensing Committee.
Members of the Licensing Committee may ask questions of the person presenting the case after their address as well as any other person who has spoken in support of the application. Members can also ask questions of the applicant as well as any other person present for the applicant who they consider can assist.
The Legal Adviser to the Licensing Committee may ask questions for the purpose of clarifying points for the Licensing Committee.
The Chair will then ask the persons who have made representations against the application to address the Licensing Committee within the time limit that has been set. They should not repeat what is already set out in their representations or notice or raise new matters. In their address they should provide clarification on any points previously requested by the Council. The submission may be followed by the evidence of any person who has been given permission by the Committee to give supporting evidence.
Members of the Licensing Committee may then ask questions of the persons making representations against the application and any other person who has spoken in support of such representation. Members can also ask questions of any other person present who they consider can assist.
The Legal Adviser to the Licensing Committee may ask questions for the purpose of clarifying points for the Licensing Committee.
Petitions will be treated as representations provided they meet the requirements for relevant representations set out in the Licensing Act 2003. Members should proceed with caution when relying upon petitions used as evidence due to the structure and wording used.
The Licensing Committee will disregard any information given by a party, or any other person appearing at the hearing, which is not relevant to:
theirapplication, representation or notice; and
the promotion of the licensing objectives or the crime prevention objective where notice has been given by the police.
The Chair will intervene at any stage of the hearing to prevent repetitious or irrelevant points being raised.
Cross examination of any party or any other person allowed to appear will not be allowed unless specifically permitted by the Chair.
There is no right for any party to sum up but they may be permitted to do at the discretion of the Chair and within time limits prescribed by the Chair.
The Licensing Committee will consider its decision in private save that the Legal Adviser and Democratic Services Officer will remain with them.
The Licensing Committee will normally return to open session to announce its decision but in cases where the prescribed time limit allows for a later determination and it is appropriate to determine the matter within that time then the Chair will advise the parties present that the decision will not be announced then but that the determination will take place within the prescribed time limit and that written notification will be dispatched to all parties advising then of the determination.
Subsection 25.5.4:
In addition to any exclusion under paragraph 3.1 above, The Licensing Committee may require any person attending the hearing who in their opinion is behaving in a disruptive manner to leave the hearing and may refuse to permit the person to return; or allow them to return only on such conditions as Licensing Committee may specify.
Any person so excluded 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.
Section 25.6: Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licenses under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982
Subsection 25.6.1:
These Procedures describe the way in which hearings will be conducted under section 2 of and schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended.
Subsection 25.6.2:
The Licensing Committee will consist of fifteen (15) members and no business shall be transacted unless at least three (3) members of the Licensing Committee are present and able to form a properly constituted Licensing Committee. The Chair shall have a second or casting vote.
Subsection 25.6.3:
The hearing shall take place in public save that the Licensing Committee may exclude the public from all or part of a hearing where it considers that, on balance, it is in the public interest to do so. The parties and any person representing them may be excluded in the same way as another member of the public. Any person so excluded may, before the end of the hearing, submit to the Licensing Committee in writing, any information which, they would have been entitled to give orally had they not been required to leave. Where there are a number of items on the agenda, the adjournment of that item for a short period, whilst another item is heard, may allow this process to be carried out effectively.
The Chair will begin by asking the parties to identify themselves and confirm whether or not they are represented.
The Licensing Committee should always satisfy itself that sufficient notice of the hearing has been given to all parties and if not satisfied, then the Licensing Committee should take such steps as it thinks fit to deal with that issue before reaching its determination and this could include adjourning that application to a later date.
The Chair will explain how the proceedings will be conducted, and indicate any time limits that will be imposed on the parties. In setting time limits, the Licensing Committee will take into account the importance of ensuring that all parties receive a fair hearing, and the importance of ensuring that all applications are determined expeditiously and without undue delay. Further the Licensing Committee should allow each party an equal amount of time.
If a party considers that any time limit is not sufficient then they should address the Licensing Committee and which will determine accordingly.
If any party has informed the Authority that they will not be attending or be represented at the hearing or any party does not give notice that they will not be attending but fails to attend and is not represented, the Licensing Committee may proceed in their absence or adjourn the hearing.
If the Licensing Committee adjourns the hearing it should specify the date, time and place to which the hearing has been adjourned.
If the Licensing Committee holds the hearing in the absence of a party, it will consider at the hearing the application or objection given by that party.
The Chair will invite an Officer of the LicensingSectionto present thereport by briefly summarising the application and the number and type of the representations as set out in the papers circulated. The Officer will also advise of any discussions held with the parties; any amendments made to the application; any objections withdrawn; and any agreed conditions that the Licensing Committee is being asked to consider. The Officer shall not give any opinion on the application or ask the Committee to make an inference based on such an opinion.
Members of the Licensing Committee can then ask questions of clarification of the Licensing Officer or seek legal advice from the Legal Adviser to the Licensing Committee if they require in respect of matters raised during the presentation by the Licensing Officer.
The Legal Adviser to the Licensing Committee will then give any relevant legal advice that the Licensing Committee need to take into consideration.
The Chair will then ask the applicant or their representative, if present, to state their case. This should avoid repetition of material already available to the Licensing Committee in the Officer’s report or otherwise, and include any reasons why an exception should be made to the Sex Establishment Licensing Policy, where appropriate; address, where appropriate, the matters stated in the Sex Establishment Licensing Policy that the Licensing Committee will take into account when considering applications; and respond to the written objections received. The submission may be followed by the evidence of any person who is giving supporting evidence on behalf of the applicant or who has made a representation in favour of the application.
The application is to be presented within any time limit that has been set.
Where an applicant is unrepresented and having difficulty in presenting their application then the Legal Adviser to the Licensing Committee may ask questions of the applicant so that the relevant points are addressed and clarified for the Licensing Committee.
The objectors (or their representative) will be invited to question the applicant.
Members of the Licensing Committee may ask questions of the applicant and/ or their representative as well as any other person who has spoken in support of the application. Members can also ask questions of any other person present for the applicant who they consider can assist.
The Legal Adviser to the Licensing Committee may ask questions for the purpose of clarifying points for the Licensing Committee.
The Chair will then ask objectors against the application to state their case within any time limit that has been set. The objectors should not repeat what is already set out in their objections. In stating their case, the objectors should provide clarification on any points previously requested by the Council. The submission may be followed by the evidence of any person who is giving supporting evidence.
The applicant (or their representative) will be invited to question the objectors.
Members of the Licensing Committee may then ask questions of the objectors and any other person who has spoken given evidence in support. Members can also ask questions of any other person present who they consider can assist.
The Legal Adviser to the Licensing Committee may ask questions for the purpose of clarifying points for the Licensing Committee.
Petitions will be considered but Members should proceed with caution when relying upon petitions used as evidence due to the structure and wording used.
The Chair will intervene at any stage of the hearing to prevent repetitious or irrelevant points being raised.
The objectors (or their representative) will then be permitted to “Sum Up”.
The applicant (or their representative) will then be permitted to “Sum Up”.
The Licensing Committee will consider its decision in private save that the Legal Adviser and Democratic Services Officer will remain with them.
The Licensing Committee will normally return to open session to announce its decision but where they consider it appropriate for the determination to be given at a later time then the Chair will advise the parties present that the decision will not be announced then but that the determination will take place later and that written notification will be dispatched to all parties advising then of the determination.
Subsection 25.6.4:
In addition to any exclusion under paragraph 3.1 above, The Licensing Committee may require any person attending the hearing who in their opinion is behaving in a disruptive manner to leave the hearing and may refuse to permit the person to return; or allow them to return only on such conditions as Licensing Committee may specify.
Any person so excluded 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.
Section 25.7: Licensing Code of Conduct
Subsection 25.7.1:
The Licensing Code of Conduct has been adopted by Tower Hamlets Council to regulate the performance of its licensing functions that fall within the Terms of Reference for the Licensing Committee. Its major objectives are to guide Councillors and officers of the Council in dealing with licensing related matters and to inform potential licensees and the public generally of the standards adopted by the Council in the exercise of its licensing functions. Except where otherwise stated, references in this Code are to the Licensing Committee and its Sub-Committees and the expression “Licensing Committee” should be interpreted accordingly.
The Licensing Code of Conduct is in addition to the Code of Conduct for Members adopted under the provisions of the Localism Act 2011. Councillors should follow the requirements of the Code of Conduct for Members and apply this Code in light of that Code. Whilst most decisions taken by Councillors are administrative in nature, the work of the Licensing Committee is different in that its proceedings are quasi-judicial and the rules of natural justice apply. This imposes a new and higher set of standards on those Councillors who are involved in the decision-making process.
The provisions of this Code are designed to ensure that licensing decisions are taken on proper licensing grounds, in a fair consistent and open manner and that Councillors making such decisions are, and are perceived as being, accountable for those decisions. The Code is also designed to assist Councillors in dealing with and recording approaches from applicants, licensees and objectors and is intended to ensure that the integrity of the decision-making process is preserved.
This Code is part of the Council’s ethical framework and in addition to the Code of Conduct for Members should be read in conjunction with the Member/Officer Protocol. If a Councillor does not abide by the Code then that Councillor may put the Council at risk of proceedings on the legality or maladministration of the related decision and the Councillor may be at risk of either being named in a report to the Standards Advisory Committee or Council. A failure to abide by the Code is also likely to be a breach of the Code of Conduct for Members and which could result in a complaint being made to the Monitoring Officer.
If a Councillor has any doubts about the application of this Code to their own circumstances they should seek advice early, from the Monitoring Officer and preferably well before any meeting takes place.
Subsection 25.7.2:
The Human Rights Act 1998, which came into full effect on 2nd October 2000, incorporated the key articles of the European Convention on Human Rights into domestic law. The Convention guarantees certain basic human rights. As far as possible legislation (including the licensing laws) must be interpreted in such a way as to conform to Convention rights. Decisions on licensing issues are actions of a public authority and so must be compatible with Convention rights.
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