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APPLICATION FOR A REVIEW HEARING:
FLIRTS NIGHTCLUB, CONSORT WAY, HORLEY
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RESOLVED, that the hearing be adjourned to a later date, after the criminal case had been resolved.
Reasons for the Decision
The Sub Committee took into consideration the statements made by both parties and by the press, about whether the hearing should be held in private or in public.
It had regard to its own hearing procedures and to Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.
In particular the Sub Committee:
• noted that all the agenda papers were publicly available,
• recognised that there was a risk of new information being disclosed during the hearing which may prejudice the criminal trial if made public,
• equally recognised that any new information introduced by the licence holder, whether in public or in private, may be used as evidence in the court case against him,
• was concerned that the licence-holder was not being legally represented at the hearing, and
• noted that the court case would be held in public.
In conclusion, the Sub Committee considered that there were insufficient grounds of urgency to justify holding the licensing hearing in private before the public criminal trial, and that the public interest in attending the hearing should take precedence but without wishing to prejudice the criminal case.
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