15th June 2006 - Agenda

LICENSING SUB-COMMITTEE

LOCATION OF HEARING:

Council Chamber, Council Offices, Corks Lane,

Hadleigh IPSWICH IP7 6SJ

LICENSING ACT 2003

NOTICE OF HEARING

DATE AND TIME OF HEARING:

Thursday, 15 June 2006 at 10.00 a.m.

Sub-Committee Members

Reserve Members
1.Mrs E F Bates
2.

ITEM

BUSINESS

1

APOLOGIES

2

Election of chairman for hearing (IF APPROPRIATE)

3

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

Paper E226 previously circulated

Paper E263

4

LICENSING ACT 2003 – HEARING REPORT
brewery farm shop, polstead

Previous Papers – E226 and E263.

The hearing is to determine a NEW premises licence application (Ref:000722), submitted on 9 November 2005, made under section 17 of the Licensing Act 2003.

The application is for a farm shop to be granted a premises licence to sell alcohol for consumption OFF the premises only. The applicants have stated that if granted the sale of alcohol will only constitute a small part of the overall business, and will compliment the sale of other produce.

One relevant representation remained outstanding against the premises licence application from the local Planning Authority and therefore a hearing became necessary to determine the application.

The hearing to determine this application was opened on 15 December 2005. The applicant attended the meeting and requested that the licensing hearing be adjourned until the outcome of her planning variation application had been determined. The Sub-Committee agreed to this request and the licensing hearing was adjourned to 13 January 2006 on the basis it was necessary for the further considerations of the Planning Authority representation.

The applicant was unable to attend the reconvened hearing on 13 January 2006 due to hospital/work commitments but requested a further adjournment in her absence as the planning variation would still not be determined by this date. The Sub-Committee re-opened the hearing and adjourned to the next scheduled meeting on 10 February 2006.

The planning variation B/05/02066/ROC was subsequently determined and REFUSED. The particulars of the decision, notified in writing to the applicant on 13 January 2006, was previously circulated to all parties to the hearing.

The applicant then attended the reconvened licensing hearing on 10 February 2006 requested either the licence be determined on the basis of no relevant representations from the Planning Authority or else a third adjournment whilst she appealed against the planning refusal. After consideration the Sub-Committee agreed to a further adjournment until at least 15 June 2006 (at which time any planning appeal should have been determined).

The situation now, for the 15 June 2006 reconvened hearing, is that:

Right of attendance, assistance and representation

Subject to regulations 14(2) - concerning exclusion of the public from all or part of a hearing where the Licensing Authority considers doing so to be in the greater public interest, and regulation 25 - concerning the exclusion of any person attending the hearing who is behaving in a disruptive manner:

At the hearing a party shall be entitled to –

(a) in response to a point upon which the authority has given notice to a party that it will want clarification under regulation 7(1)(d), give further information in support of their application, representation or notice (as applicable,

(b) if given permission by the authority, question any other party; and

(c) address the authority.

Failure of parties to attend hearing

(1) If a party has informed the Authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.

(2) If a party who has not so indicated fails to attend or be represented at a hearing the authority may –

(a) where it considers it to be necessary in the public interest, adjourn the hearing to a specified date, or

(b) hold the hearing in the party’s absence.

(3) Where the Authority holds the hearing in the absence of the party, the Authority shall consider at the hearing the application, representations or notice made by that party.

(4) Where the Authority adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.

Any points the Authority considers that it will want clarification on (if any):

APPLICANT – RESPONSIBLE AUTHORITIES – INTERESTED PARTIES

Please ensure that you complete and return the attached ‘Attendance at Hearing Notice’ NO LATER than 5 (five) working days before the date of the hearing.

A party who wishes to withdraw any representations they have made should do so as soon as possible.

If you consider that the hearing is not necessary, the Licensing Authority may dispense with a hearing providing all parties subject to the hearing agree that a hearing is not necessary. If you consider this to be the case, then you should give notice to the authority as soon as possible.

Procedure to be followed at the hearing

The Procedure is attached.