Statement of Licensing Policy - Licensing Act 2003 - 7 January 2026 to 6 January 2031
14 Delegation and decision-making
14.1 The council has established a Licensing Committee to administer its functions under the Licensing Act 2003. Powers and functions have also been delegated to licensing sub-committees and officers in order to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process.
14.2 Many of the decisions and functions are largely administrative in nature such as the grant of non-contentious applications, including for example those licences and certificates where no representations have been made. These will be delegated to council officers. All such matters dealt with by officers will be reported for information to the next Licensing Committee meeting.
14.3 Applications where there are relevant representations will be dealt with by the Licensing Committee or Sub-Committee - unless such representations are considered irrelevant, frivolous or vexatious or unless the Licensing Authority, the applicant and everyone who has made representations agrees that a hearing is not necessary (usually after successful mediation).
14.4 The table given below sets out the delegation of decisions and functions of the Licensing Committee, Sub-Committees and officers. The various delegations include delegation to impose appropriate conditions.
14.5 This scheme of delegations is without prejudice to the right of relevant parties to refer an application to a Licensing Sub-Committee or the full Licensing Committee if considered appropriate in the circumstances of any particular case.
14.6 Unless there are compelling reasons to the contrary, the Licensing Authority will require the Licensing Committee or any of its sub-committees to meet in public - although members can retire into private session to consider their decision. A public announcement of the decision will be made at the end of the hearing together with clear, cogent reasons for the decision having due regard to the Human Rights Act 1998, the four licensing objectives and all other legislation.
14.7 The Licensing Committee will be made up of 15 members and Sub-Committees of 3 who will hear any relevant representations from authorised persons, responsible authorities and interested parties in the form of a hearing.
14.8 Where a function is delegated to an officer, that officer will be responsible for liaising between the applicant, interested parties and the responsible authorities to ensure that any licence granted is subject to the appropriate conditions. Where objections are made then the officer will once again liaise with the applicant, interested parties and the responsible authorities to see if a 'settlement' is possible to overcome the objections without the need for the matter to go before the Sub-Committee.
14.9 The Sub-Committee will determine each case before it on its individual merits. However, in determining the application the Sub-Committee will consider:
- the case and evidence presented by all parties
- the promotion of the four licensing objectives
- guidance issued by Central Government
- the Licensing Authority's own statement of Licensing Policy
14.10 Delegation of functions:
Matter to be dealt with | Full Committee | Sub-Committee | Officers |
Consideration of reports to the committee | Six monthly |
|
|
Approval of new or updated Local Licensing Guidance | Six monthly |
|
|
Application for personal licence |
| If representation is made | If no representation made |
Application for Personal Licence with unspent convictions |
| All cases |
|
Application for Premises Licence or Club Premises Certificate |
| If a relevant representation made | If no relevant representation is made |
Application for a Provisional Statement |
| If a relevant representation made | If no relevant representation is made |
Application to vary Premises Licence or Club Premises Certificate |
| If a relevant representation made | If no relevant representation is made |
Application to vary Designated Premises Supervisor |
| If a Police objection | All other cases |
Request to be removed as Designated Premises Supervisor |
|
| All cases |
Application for transfer of premises licence |
| If a Police objection | All other cases |
Application for interim authorities |
| If a Police objection | All other cases |
Application to review Premises Licence or Club Premises Certificate |
| All cases |
|
Decision on whether a complaint is irrelevant frivolous vexatious and so on |
|
| All cases |
Decision to make representation on behalf of Licensing Authority |
|
| All cases |
Determination of objection to a Temporary Event Notice |
| All cases |
|
Classification of films for exhibition where BBFC has not classified |
| If a relevant representation made | If no relevant representation is made |