8. Stage 6 - Determination of application
- The majority of applications will be determined by officers under delegated authority, although officers have the absolute discretion to refer any application to the Licensing Sub-Committee.
- Where there are relevant objections then officers will be permitted to try and overcome the objections through negotiations with the relevant parties and the applicant.
- If, following the negotiation process, there remain relevant objections from statutory organisations then, where the officer view is to approve the application, it will be referred to the Licensing Sub-Committee for a decision. In all other cases the application may be determined by officers. Where the decision of the officers is to refuse an application, the applicant will have the right to request a review of that decision by a more senior officer.
- The applicant and anybody objecting to the application will be notified of a referral to the Sub-Committee and the date of when the application will be considered. The appropriate Ward Member will also be notified. Unless special circumstances apply the Sub-Committee meetings are open to the public.
The Sub Committee consists of elected members drawn from the East Devon District Council’s Licensing and Enforcement Committee who have received specific training in licensing issues. The Committee and Sub Committees are supported by a clerk and a solicitor.
- The role of the Sub-Committee is determine applications where there are relevant objections from a statutory organisation or where the matter has been referred by officers. Officers have the discretion to also refer any enforcement related matters to the Sub-Committee where deemed appropriate.
- The Council will look to convene the Sub-Committee as quickly as possible.
- While all relevant comments relating to application will be referred to the Sub Committee the applicant and any objectors (or their representatives) and the Ward Member will be permitted to address the Sub-Committee. Only those who have commented on the application (or their representatives) will be permitted to address the Sub-Committee.
- The Sub-Committee will follow a set procedure that will be notified in advance to those attending together with any officer report being presented at the meeting.
- The Sub-Committee will consider all the evidence presented to it during the hearing and members may ask questions of the applicant, officers and persons making an objection. After hearing the evidence presented to it, the Sub-Committee will retire and come to a decision on the application. When a decision has been reached the Sub-Committee will inform the applicant of their decision, and the reasons for coming to that particular decision. The decision of the Sub-Committee will be confirmed in writing to the applicant and objectors within 5 working days of the meeting at which the application was considered.
The reasons for refusal (whether a decision made by officers or the Sub-Committee) will be conveyed to the applicant. There is no right of appeal to the Magistrates’ Court against the Council’s refusal to issue a consent, however, where an application is refused, payment of the application fee shall be refunded save for the £30 administration fee.
- In respect of any application which is approved the Standard Conditions will be attached to the consent, together with any other conditions deemed to be necessary by the decision maker. Conditions will require the street trading operation to be carried out as detailed in the application (e.g. the nature of the goods to be sold, trading hours / days and the unit from which they are to be sold).
- Conditions attached to the consent form part of the approval to carry out street trading in East Devon. They MUST be complied with at all times and failure to do so could lead to the consent being either revoked or any subsequent application not granted. It is the responsibility of the applicant / consent holder to familarise themselves with the conditions relevant to their consent and to abide by them.