Licensing hearing: what to expect

If someone objects to your application, or if it does not match our policy, we will hold a hearing. The hearing lets you explain your application and respond to any objections. You will attend with the people who raised concerns, and a committee will decide what happens next.

Who attends the hearing

The licensing committee runs the hearing. It includes councillors, a legal adviser and a member of Administration Services.

There can be up to 24 people in the room if everyone attends.

How long it takes

There is no set time. The hearing lasts as long as the committee needs to make a decision.

You usually have up to 15 minutes to present your case. This does not include time spent asking questions or summing up at the end.

What you should bring

Send us any documents or letters that support your application at least three working days before the hearing. You can do this through a licensing and registration office.

Representation

You can represent yourself or bring someone to speak for you:

• this could be a solicitor or another person
• only one person can speak on your behalf
• you must tell the chair who will speak for you

What happens during the hearing

The hearing follows a set structure:

1. The Chair introduces the session
2. Objectors explain their concerns
3. You can ask objectors questions
4. Committee members may ask questions
5. You present your case
6. Objectors can ask you questions
7. Committee members may ask more questions
8. Objectors sum up their points
9. You sum up your case

After this, you and the objectors may be asked to leave the room while the committee decides.

• for private hearings, you will wait outside in case the committee needs more information
• for public hearings, the committee will discuss the case in public after you leave

How to speak at the hearing

Always ask the chair before speaking:

• call them “chair”
• call other members “councillor”

The decision

The committee may decide to:

• grant your application for three years
• grant it with extra conditions
• grant it for a shorter period
• limit the hours you applied for
• refuse your application

When you will hear the result

You will usually be told the decision at the end of the hearing. If not, we will write to you within 24 hours.

If your application is refused

You can ask us for written reasons for the decision.

• you must request this within 21 days
• we will send the reasons within 10 days

You have 28 days from the decision date to appeal to the sheriff. If you plan to appeal, ask for the written reasons as soon as possible. You may also want to speak to a solicitor.