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1 March 2007 - 10.30 am - Minutes

Summary

Minutes of Licensing and Appeals Committee meeting held at 10.30 am on 1 March 2007

BABERGH DISTRICT COUNCIL

LICENSING AND APPEALS COMMITTEE 

MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 1 MARCH 2007

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PRESENT: Mr B L Lazenby - Chairman

Mrs E F Bates
Mr D G Grutchfield

Mr P Jones
Mr L H Young

1     DECLARATION OF INTERESTS

None declared.

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2     QUESTIONS FROM MEMBERS

None received.

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3     EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part I of Schedule 12A of the Local Government Act 1972, the public 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 Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

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4     REVIEW OF AN INTRODUCTORY TENANCY (Exempt information by virtue of paragraphs 1 and 3 of Part 1)

The Chairman outlined the procedure to be followed at the Hearing.

The document “Conditions of an Introductory Tenancy Agreement” was circulated at the meeting and Members were then provided with sufficient time to enable the document to be read.

The Head of Community Development submitted a Report (Paper F196) supporting the Council’s case in the decision of the Head of Community Development to issue a Notice of Possession Proceedings against the Introductory Tenant of a one bedroom bungalow at No 10 Tawney’s Ride, Bures. The Head of Community Development also circulated at the meeting a copy of the latest position on the rent account for the property. It was noted that the last three cheques received from the Introductory Tenant had been returned, unpaid by the bank.

Following the introduction of the report Members asked questions of the Head of Community Development. With reference to a Certificate of Service provided in relation to the Notice of Possession Proceedings, it was suggested that, in future, any documents signed by an Officer of the District Council should indicate the name and post of the signatory.

It was noted that the Introductory Tenant had been advised that any written representations he was to make should be received by the Council by 12 noon on Monday 26 February 2007. No written representations had been received.

The Committee then considered whether the correct procedures had been followed and assessed the soundness of the evidence provided. All parties withdrew from the meeting to allow the Committee to deliberate the application.

The parties were then called back into the meeting and the decision of the Committee was notified.

RESOLVED

That, having satisfied themselves that on the balance of probabilities, the Tenant is in breach of their Conditions of Tenancy due to non-payment of rent, the Notice of Possession Proceedings be upheld and that the Head of Community Development proceed to commence a claim in the County Court for recover and possession of No. 10 Tawney’s Ride, Bures St Mary.

The business of the meeting was concluded at 11.10 a.m.

Chairman

 




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Last updated on: 25 September 2008 | Date of next review: 25 September 2009

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