6  General Principles

6.1  Decisions

Many minor or routine matters may be determined by the Licensing Officer; other decisions will be referred to the Licensing Committee for determination.

6.2  The Licensing Committee is not a court of law and may seem informal in comparison with such proceedings, for example the rules of evidence do not apply and evidence is not taken on oath.  Nevertheless, in determining licensing matters the Committee will follow judicial principles to ensure that a fair and orderly hearing is given to each application/representation.

6.3  Each case will be considered on its own merits and nothing in this Policy shall undermine this principle.

6.4  The review of a Premises Licence or a Club Premises Certificate can be requested by an interested party or a responsible authority subject to conditions as indicated in paragraph 45. 

6.5  Applicants for Premises Licences and Club Premises Certificates will be expected to set out how they will promote the Licensing objectives and what measures they intend to employ to ensure compliance with them.

6.6  In order to avoid duplication with other statutory regimes the Licensing Authority will seek to use the most appropriate method of dealing with a particular issue.  Subject to the provisions of paragraph 20 the only conditions which should be imposed on a Premises Licence or Club Premises Certificate are those which are necessary and proportionate for the promotion of the licensing objectives.

6.7  Accordingly if other controls are available because the law already places certain statutory responsibilities on an employer or operator of premises (such as in relation to Health and Safety) it cannot be necessary to impose the same or similar duties on the Premises Licence holder or club.  For example, conditions relating to noise nuisance would not normally be necessary where the provisions of byelaws or of other legislation such as the Environmental Protection Act 1990 protect those living in the vicinity of the premises in question.  Where adequate protection is not available conditions subject to the provisions of paragraph 20 may be considered appropriate.     

6.8  Applicants may suggest and are encouraged to suggest appropriate conditions in their operating schedules.

6.9  Where the Act provides for a mandatory condition to be included in a Premises Licence the Licensing Authority has a duty to include that condition on the licence.

6.10  Subject to paragraph 43 anyone wishing to make representations in respect of an application will be required to relate their objection to one or more of the licensing objectives before the Licensing Authority will be able to consider it.

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