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WELCOME - LEGAL ADVISOR TO THE SUB-COMMITTEE
ELECTION OF CHAIRMAN FOR HEARING
APOLOGIES FOR ABSENCE
DECLARATION OF INTERESTS BY COUNCILLORS
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 2 of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
B/LASub/19/3 LICENSING ACT 2003 – APPLICATION FOR THE GRANT OF A PERSONAL LICENCE
Report from the Licensing Officer 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):
If any party is withdrawing their application based on the Applicant’s voluntary reductions or modifications since the application was submitted then please contact us at LicensingTeam@baberghmidsuffolk.gov.uk without delay.
If any party is to rely on documentary/video or other material to support their representation or submission please provide it as soon as possible in a legible/useable format (with any redactions having been made where appropriate). Late or on the day documentation/media production may not be admissible, in accordance with relevant regulations.
Procedure to be followed at the hearing
The procedure is attached.