26 August 2010 - Agenda

LICENSING SUB-COMMITTEE

LOCATION OF HEARING:
Council Chamber, Babergh DC Offices, Corks Lane, Hadleigh,
IPSWICH  IP7 6SJ

LICENSING ACT 2003                   

NOTICE OF HEARING

DATE AND TIME OF HEARING:

Thursday 26 August 2010 at 9.30 a.m.

Sub-Committee Members

1.        Mr B L Lazenby (Chairman)
2.        Mr D G Grutchfield
3.        Mr L S Johnson

Reserve Members

1.        Mr P Jones
2.        Mr R W Thake

ITEM

BUSINESS

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.

4

EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS) 

To consider whether, pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public should be excluded from the meeting for the business specified below on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item. 

The author of the report proposed to be considered in Part II of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

PART II

Paper
K84A

5

LICENSING ACT 2003 – HEARING REPORT
DPS VARIATION (section 37) KINGS HEAD BPL0137/EDGE (Exempt information by virtue of Paragraphs 1 and 7 of Part 1) 

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):

 
Attached

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.

Attached

Procedure to be followed at the hearing

The Procedure is attached.