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LICENSING SUB-COMMITTEE |
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LOCATION OF HEARING:
Council Chamber, Council Offices, Corks Lane, Hadleigh IPSWICH IP7 6sj |
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LICENSING ACT 2003
NOTICE OF HEARING |
DATE AND TIME OF HEARING:
Monday 16 March 2009 at 9.30 a.m. |
In accordance with Regulation 6(1) of the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Authority of Babergh District Council hereby gives notice that a hearing of a Sub-Committee of the Authority’s Licensing and Appeals Committee under section 105(2)(a)has been arranged as set out above in order to consider the following authorisation:
Temporary Event Notice (Section 100)
Application date: 05 March 2009
Application reference: TEN 09/0083
Applicant: Mr Mark Rothwell
Premises: White Hart PH, 46 Bridge Street, Hadleigh IP7 6DB
Date(s) of event: 10 April 2009 to 13 April 2009 (inclusive)
Please ensure that the attached ‘Attendance at Hearing Notice’ is completed and returned a minimum of 1 working day prior to the hearing date - see Page 3.
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Sub-Committee Members |
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1. Mr J R A Sayers
2. Mr A J Ward
3. Mr G S White |
Reserve Members
1. Mr R C Smith
2. Mr L H Young |
A G E N D A
PART I
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1 |
APOLOGIES
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2 |
ELECTION OF CHAIRMAN FOR HEARING
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3 |
DECLARATION OF INTERESTS
Members to declare any interests as appropriate in respect of items to be considered at this meeting.
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Paper
H206
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4 |
LICENSING ACT 2003 - HEARING REPORT (TEMPORARY EVENT NOTICES)
TEN 09/0083 MARK ROTHWELL / WHITE HART PH, HADLEIGH IP7 6DB
Report attached. |
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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:
- A party may attend the hearing and may be assisted or represented by any person, whether or not that person is legally qualified.
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.
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Any points the Authority considers that it will want clarification on (if any): |
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Attached |
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PREMISES-USER & CHIEF OFFICER OF POLICE
Please ensure that you complete and return the attached ‘Attendance at Hearing Notice’ NO LATER than 1 (one) working day before the date of the hearing.
If the Chief Officer of Police wishes to withdraw the Objection Notice given under section 104 he 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. |
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Attached |
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Procedure to be followed at the hearing
The Procedure is attached. |
For further information on any of the Part 1 items listed above, please contact Linda Sheppard on (01473) 826610 or via email at committeeservices@babergh.gov.uk
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Licensing Sub-Committee
Babergh District Council
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HEARINGS PROCEDURE: LICENSING ACT 2003
TEMPORARY EVENT NOTICES (TENS)
(Where Chief Officer of Police has issued objection notice under section 104 of the Licensing Act 2003):
1. The Licensing Officer will present a report to the Sub-Committee outlining details of the Temporary Event Notice, Police Objection Notice and reasons for the hearing.
2. The Licensing Officer may then be questioned on his report by the Premises-User (i.e. the Applicant) and/or his advocate, Police representative and Members of the Sub-Committee.
3. The Police representative will then present their case, confirming the reasons for issuing the objection notice and clarifying why the Police are satisfied that the Temporary Event would undermine the crime prevention objective.
4. The Police representative calls any witnesses.
5. The Police representative and his witnesses may then be questioned on their submissions by the Applicant and/or his advocate, Licensing Officer and Members of the Sub-Committee.
6. The Applicant or his advocate makes an opening address to the Sub-Committee.
7. The Applicant or his advocate calls any witnesses.
8. The Applicant and/or his advocate, and his witnesses if applicable, may then be questioned on their submissions by the Police representative, Licensing Officer and Members of the Sub-Committee.
9. The Applicant or his advocate may then question the witness to clarify any points.
10. The Licensing Officer gives any closing address to the Sub-Committee.
11. The Police representative gives a closing address to the Sub-Committee.
12. The Applicant and/or his advocate give a closing address to the Sub-Committee.
13. The Sub-Committee retires to deliberate in private session. All parties will then be called back into the meeting for the announcement of the decision and reasons for the decision will be given by the Sub-Committee Chairman or Legal Adviser to the Sub-Committee. The Applicant and/or his advocate will be given opportunity to clarify any points on the decision.
(a) The hearing will take the form of an informal discussion led by the Licensing Authority.
(b) The Sub-Committee Chairman and, with his consent, any Member of the Sub-Committee may at any time question the Applicant, Police representative, Licensing Officer or any witnesses. The Sub-Committee Chairman may deviate from this procedure as he considers necessary or appropriate, to allow a discussion to flow and to allow all parties fair and equal opportunity to raise all points they may wish to make.
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