Memorandum by David Bieda, Meard &
Dean Street Residents' Association (RL 18)
RIGHTS OF
PARTIES TO
APPEAR BEFORE
THE MAGISTRATES
ON APPEAL
Amongst the plethora of issue thrown up by the
above is the issue of whether those making representations before
the licensing authority are entitled to then appear for themselves
when there is an appeal to the magistrate's court.
This is a rather key issue since at present
it appears that if residents (or others) have made representations
and there is then an appeal we do not have the right to appear
when the case is heard de novo. Of course the licensing authority
would be represented since it would be the defendant to the appeal.
Thus if a member of your Committee were to object, the licensing
authority to then not grant the application and an appeal was
then made the member of your Committee would not have the right
to appear before the magistrates.
The same applied to the police if they made
representations.
We and the Soho Society have raised this with
our local court and on 26 October we have an application for a
third party Joinder. This may be the first of its kind under the
new Act.
I will fax you the relevant papers and also
forward some related emails. We feel that this raises important
HR issues, and that it is unsatisfactory since the magistrates
are not carrying out a review but hearing cases de novo.
In the papers I am faxing you which relate to
an application for a 3 am licence which was refused, the resident
who made representations will not have the right to appear for
herself. Of course the licensing authority might call her as a
witness, but her interests may not be the same as theirs.
ABILITY OF
THE POLICE
TO RAISE
ISSUES BEFORE
THE LICENSING
AUTHORITY IF
THEY HAVE
NOT MADE
REPRESENTATIONS
We have also been involved in a hearing where
AFTER the date for close of representations the MPS became aware
of possible serious criminal matters relating the licensees, who
indeed were unable to attend the hearing as they were "under
investigation". In such cases the police cannot bring these
matters to the hearing, and they thus cannot be taken account
of. This does seem unsatisfactory and would not apply under the
old regime.
These may be matters which your Committee will
wish to be aware of since obviously they apply throughout England.
The following appendices are available from the Committee
Office:
Letter to the Lord Chancellors Dept on the rights
of those making representations before magistrates dated 6 September
2005.
Letter to Horseferry Magistrates' Court re: Candy
Bar, London, dated 24 October 2005.
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