Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Written Evidence


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:

    Appendix A

    Letter to the Lord Chancellors Dept on the rights of those making representations before magistrates dated 6 September 2005.

    Appendix B

    Letter to Horseferry Magistrates' Court re: Candy Bar, London, dated 24 October 2005.


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2006
Prepared 17 March 2006