Regulation 10 Representations and commentsI1

England and Wales

(1)

Where an appeal is to be determined by way of written representations—

(a)

the Licensing Authority must, within the period of 6 weeks beginning with the start date, send to the appointed person any representations it wishes to make on the appeal together with any documents it wishes to rely on;

(b)

if the appellant wishes to make representations on the appeal in addition to the statement of the grounds of appeal referred to in regulation 7(1)(b), or the documents accompanying it referred to in regulation 7(2), the appellant must send those representations to the appointed person within the period of 6 weeks beginning with the start date.

(2)

Where an appeal is to be determined by way of hearing or inquiry, the appellant and the Licensing Authority must each, within the period of 6 weeks beginning with the start date, send to the appointed person a statement containing full particulars of the case they propose to put forward at the hearing or inquiry and a list of any documents they propose to refer to or put in evidence.

(3)

At the end of the period of 6 weeks beginning with the start date, the appointed person must—

(a)

where the appeal is to be determined by way of written representations—

(i)

send a copy of the Licensing Authority’s representations to the appellant; and

(ii)

send a copy of any representations made by the appellant under paragraph (1)(b) to the Licensing Authority

(b)

where the appeal is to be determined by way of hearing or inquiry, send a copy of the Licensing Authority’s statement and list of documents to the appellant and a copy of the appellant’s statement and list of documents to the Licensing Authority;

(c)

in all cases, send, at the same time, copies of any other representations received by the appointed person in relation to the appeal, to the appellant and the Licensing Authority.

(4)

The appellant and the Licensing Authority may, within the period of 9 weeks beginning with the start date, send comments on those representations or statements to the appointed person.

(5)

The appointed person must, as soon as practicable after that 9 week period, send a copy of the Licensing Authority’s comments to the appellant and at the same time, send a copy of the appellant’s comments to the Licensing Authority.

Annotations

Commencement

I1: Reg. 10 in force at 6.4.2011, see reg. 1(2)