BABERGH DISTRICT COUNCIL LICENSING AND APPEALS COMMITTEE

(HOUSING MATTERS)

MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 24 MAY 2007

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• 1 Election Of Chairman For Hearing
• 2 Declaration Of Interests
• 3 Questions From Members
• 4 Exclusion Of The Public (Which Term Includes The Press)
• 5 Review Of A Decision To Seek Possession Of A Property Under A Demoted Tenancy (Exempt information by virtue of paragraphs 1 and 3 of Part 1)

PRESENT: Mr P J Holbrook - Chairman

The following were also in attendance at the meeting:-

Ms K Smith (Legal adviser to the Committee)
Mr D Bullock (Tenant Services Officer)
Mr G Fisk (Principal Tenant Services Officer)
Ms C Whatling (Legal adviser to the Tenant Services Officer)
Tenant, accompanied by a representative from Victim Support
Tenant Services’ witness accompanied by daughter

1 ELECTION OF CHAIRMAN FOR HEARING

RESOLVED

That Mr P J Holbrook be elected Chairman for the hearing.

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2 DECLARATION OF INTERESTS

None declared.

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3 QUESTIONS FROM MEMBERS

None received.

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4 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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5 REVIEW OF A DECISION TO SEEK POSSESSION OF A PROPERTY UNDER A DEMOTED TENANCY (Exempt information by virtue of paragraphs 1 and 3 of Part 1)

The Minute relating to the above-mentioned item is excluded from the public record. The summarised Minute made by the Proper Officer in accordance with Sub-Section 2 of Section 100(C) of the Local Government Act 1972 is set out below.

The Chairman opened the Hearing and introduced the parties present at the meeting, following which there was an adjournment to enable Members to consider papers presented by both the tenant and the Tenant Services’ witness. The meeting resumed at 10.50am, when the Chairman outlined the procedure to be followed. He confirmed that, Procedural Correctness in serving the Notice of Possession Proceedings having been established by the Committee on 2 April 2007, the purpose of today’s hearing was to review the tenant’s behaviour during the six week period from 9 April. This was to establish whether or not possession proceedings should be commenced against the tenant.

All parties withdrew from the meeting at 11.40 a.m. to allow the Committee to deliberate. The parties were then called back into the meeting at 1pm and the decision of the Committee was notified by the Chairman.

Members did not accept the recommendation in 2.1 of Paper G7 that the Head of Community Development proceed to commence a claim in the County Court for recovery of possession of the property under a demoted tenancy. Having considered the information presented in relation to the six week period from 9 April 2007, including that presented on the day of the meeting, the Committee resolved to delay the commencement of possession proceedings for a further period of six weeks following which the Committee would meet again to review the tenant’s behaviour during that period.

The business of the meeting was concluded at 1.05pm.

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Chairman