The Licensing Sub-Committee of Kingston upon Thames Council was scheduled to consider an application for a personal licence. The meeting agenda also included procedural items such as the appointment of a chair and the confirmation of previous minutes.

Application for a Personal Licence

The committee was scheduled to consider an application for a personal licence, made under section 117 of the Licensing Act 2003. The report pack indicated that applicants are advised of issues raised in representations from residents and Responsible Authorities, which include the Police, Fire Service, Environmental Health, Noise, and Health and Safety departments. Discussions between the applicant and these parties may lead to agreed conditions or proposed changes to the original application. The agenda noted that it may not always be possible to include all such emendations in the published agenda, as discussions can continue up to the hearing. The Licensing Officer was expected to outline any changes made by the applicant, conditions agreed with Responsible Authorities, and any additional evidence served.

The procedure for hearings was detailed, outlining that the committee members would be assisted by a Legal Advisor and Committee Secretary. The hearing was to involve the Licensing Officer outlining the application and representations, followed by the applicant, Responsible Authorities making representations, and then other persons with relevant representations. The Chair would manage the time allocated for submissions, with up to five minutes for each party, and potentially more for complex cases. Members of the committee would be permitted to ask questions, and cross-examination would only be allowed if deemed necessary for clarification. Each party would have an opportunity to sum up their representation, with the applicant speaking last. The procedure also covered scenarios where a party fails to attend the hearing, allowing the committee to either adjourn or proceed in their absence.

The process for making decisions was also outlined. The committee could seek guidance from the Licensing Officer on suitable conditions before retiring to make its decision. Any information or evidence presented must be relevant to the application, representations, or the promotion of licensing objectives. The committee has a duty to conduct its business impartially and must provide reasons for its decisions, particularly in relation to premises licences, explaining why refusal or the attachment of conditions is appropriate to promote a specific licensing objective. Decisions and reasons would be recorded in the minutes and made available on the council's website, with applicants typically receiving a decision letter within five working days. Both applicants and other parties have specified appeal rights to the Magistrates' Court within 21 days of receiving notification of the decision.

The meeting was scheduled to take place virtually on Tuesday 2 July 2024. The attendees listed for the committee included Councillor Emily Davey (Portfolio Holder for Housing & Co-Chair - People Committee), Councillor Jackie Davies, and Councillor Noel Hadjimichael (Mayor of the Royal Borough of Kingston upon Thames). The agenda also noted that the meeting would be recorded and the recording made available online.