21st July 2005 - 10.00 am - Agenda

LICENSING ACT 2003

NOTICE OF HEARING

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 has been arranged as set out above in  order to determine the following application:

Application to simultaneously vary a conversion premises licence (section 34)

Application date:                 31 May 2005
Application reference:        000093
Applicant:                              Punch Taverns PLC
Premises:                            The Bull, The Street, Brantham, CO11 1PN

Please ensure that the attached ‘Attendance at Hearing Notice’ is completed and returned – see Page 3. 

A G E N D A

ITEM

BUSINESS

PART I

 

	1	APOLOGIES
	2	ELECTION OF CHAIRMAN FOR HEARING
	3	DECLARATION OF INTERESTS Members to declare any interests as appropriate in respect of items to be considered at this meeting.
Paper E60	4	LICENSING ACT 2003 – HEARING REPORT THE BULL, THE STREET, BRANTHAM Report attached.

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.

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

• Whether on Sundays the activity of 'live music' is to cease 30 minutes prior to the premises closing to the public.
• Clarification by the applicant on the steps proposed in the application to promote the four licensing objectives. The intention behind of some of the measures listed is unclear and some steps proposed may not be relevant to promotion of the licensing objectives.

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