Agenda and minutes

To appoint a Chair for the duration of the meeting.

Councillor Karen Jewitt nominated Councillor Robert Canning as Chair and Councillor Margaret Bird seconded the motion.

The Sub-Committee RESOLVED to appoint Councillor Robert Canning as Chair for the duration of the meeting of the Sub-Committee.

Members and co-opted Members of the Council are reminded

that, in accordance with the Council’s Code of Conduct and the

statutory provisions of the Localism Act, they are required to

considerin advance of each meeting whether they have a

disclosable pecuniary interest (DPI), an other registrable interest

(ORI) or a non-registrable interest (NRI) in relation to any matter

on the agenda. If advice is needed, Members should contact the

Monitoring Officer in good time before the meeting.

If any Member or co-opted Member of the Council identifies a DPI

or ORI which they have not already registered on the Council’s

register of interests or which requires updating, they should

complete the disclosure form which can be obtained from

Democratic Services at any time, copies of which will be available

at the meeting for return to the Monitoring Officer.

Members and co-opted Members are required to disclose any

DPIs and ORIs at the meeting.

·         Where the matter relates to a DPI they may not participate in

any discussion or vote on the matter and must not stay in the

meeting unless granted a dispensation.

·         Where the matter relates to an ORI they may not vote on the

matter unless granted a dispensation.

·         Where a Member or co-opted Member has an NRI which

directly relates to their financial interest or wellbeing, or that of

a relative or close associate, they must disclose the interest at

the meeting, may not take part in any discussion or vote on

the matter and must not stay in the meeting unless granted a

dispensation. Where a matter affects the NRI of a Member or

co-opted Member, section 9 of Appendix B of the Code of

Conduct sets out the test which must be applied by the

Member to decide whether disclosure is required.

The Chair will invite Members to make their disclosure orally at

the commencement of Agenda item 3, to be recorded in the

minutes.

There were none.

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

There were no items of urgent business.

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

The following motion was proposed by Councillor Robert Canning and was seconded by Councillor Margaret Bird to exclude the press and public during the meeting:

Pursuant to the provisions of regulation 14 paragraph (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public. For the purposes of paragraph (2), a party and any person assisting or representing a party may be treated as a member of the public. In light of the possibility of disclosing personal data if the hearing was to take place in public, members of the committee will be asked to agree to exclude the public from the hearing to enable members to consider the details of the application on the basis that doing so outweighs the public interest in that part of the hearing taking place in public.

The motion was put and it was agreed by the Committee to exclude the press and public for the remainder of the meeting.

The Sub Committee is asked to determine whether to grant the application for a personal license.

Please note that if the sub-committee wishes to refer to the information set out in the confidential section of this agenda, then a motion to move into part b (exclude press and public) would need to be passed.

Following the item being heard the Licensing Sub-Committee’s decision was:

The Licensing Sub-Committee considered the determination of Personal Licence following conviction for a relevant offence and the representations received as contained in the report of the Interim Corporate Director, Sustainable Communities, Regeneration & Economic Recovery, Culture & Community Safety.

The Sub-Committee also considered the representations made by the personal license holder during the hearing.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 (“the Act”), the Statutory Guidance and the Council Licensing Policy, RESOLVED THAT: they were minded to suspend the personal license for 6 months and therefore under Section 132A of the Act, it is necessary to: 

1. Refer the matter to the Chief of Police for the licensing authority’s area, and invite the chief officer to make representations, within the statutory time frame, about whether the licence should be suspended or revoked, having regard to the prevention of crime.
2. Give notice to Home Office Immigration Enforcement and invite them to make representations, within 14 days of the date of receipt of that notification, about whether the licence should be suspended or revoked;
3. Re-convene to consider any representations made by the Chief Officer of Police within the statutory time frame, any representations made by Home Office Immigration Enforcement within the timeframe set out above and the remaining relevant matters required by statute, before making a final determination.

The reasons for the decision were detailed in the Part B minutes for this meeting to avoid disclosing potentially sensitive information to the public.

Parties will be notified of the date of the reconvened hearing to make a final determination on the matter.