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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, 2 AUGUST 2007
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6 Additional Items At Meeting
7 Declaration Of Interests
8 Minutes
9 Petitions
10 Questions From Members
11 Gambling Act 2005: Hearings Procedures And Alcohol Licensed Premises Gaming Machine Permit Procedures
12 Licensing Act 2003: Statement Of Licensing Policy Satutory Three Yearly Revision
13 Exclusion Of Public (Which Term Includes The Press)
14 Review Of A Combined Hackney Carriage/Private Hire Driver License (Exempt information by vitue of Paragraphs 1 and 7 of Part 1)
PRESENT: Mr B L Lazenby – Chairman
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Mr J R B Cavelbrook
Mr P J Holbrook
Mr L S Johnson
Mr J R A Sayers |
Mr R C Smith
Mr R W Thake
Mr A J Ward |
Mr P K Beer, Mr D G Grutchfield, Mr G S White and Mr L H Young were unable to be present.
The Local Government (Access to Information) Act 1985 provides that an item of business may not be considered by Committee unless it is included on an Agenda. The Act does, however, make provision for an exception to this general rule to be made where by reason of special circumstances, the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
The Chairman advised that a situation had arisen where it has become necessary for the Committee to consider an item not included on the Agenda (Review of a Combined Hackney Carriage/Private Hire Driver Licence) and that he was satisfied that there are good reasons for dealing with this matter at this meeting as a matter of urgency. As the matter was a confidential item, it would also be necessary to consider excluding the press and public.
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None declared.
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RESOLVED
That the Minutes of the meeting held on 25 May 2007 be confirmed and signed as a correct record.
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None received.
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None received.
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The Head of Natural and Built Environment submitted a report (Paper G66) requesting the Committee to consider adopting hearing procedures for premises licence applications and permit applications, approve a checklist to assist Committee Chairmen with premises licence hearings and approve a statement of procedure for the processing and determination of alcohol licensed premises gaming machine permits.
During consideration of this item it was agreed that a Glossary of Terms/Acronyms would be provided to appropriate parties.
RESOLVED
(1) That the draft hearing procedures attached as Appendix 2 to Paper G66 in respect of Gambling Act premises licence applications and the draft hearing procedures attached as Appendix 3 to Paper G66 for Gambling Act 2005 permit applications be adopted.
(2) That the draft Checklist for Committee Chairmen in respect of Gambling Act 2005 premises licence applications attached as Appendix 4 to Paper G66 be adopted.
(3) That the draft alcohol licensed premises gaming machine permits statement of procedure attached as Appendix 5 to Paper G66 be adopted.
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The Head of Natural and Built Environment submitted a report (Paper G67) requesting approval to commence a statutory period of consultation on the first draft of the fully revised Statement of Licensing Policy attached as Appendix 2 to the report.
It was noted that, following a period of consultation with statutory consultees and other stakeholders, the document would be considered again by the Committee to enable recommendations on a final draft to be made to Full Council.
RESOLVED
That the draft Statement of Licensing Policy in respect of Licensing Act 2003 functions attached as Appendix 2 to Paper G67 be approved for consultation.
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RESOLVED
That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the item specified below, on the grounds that if the public were present during this item, it is likely there would be the disclosure to them of exempt information as indicated against the item.
The Committee was satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
The Head of Natural and Built Environment submitted a report (Paper G71) requesting the Committee to determine whether any action should be taken in respect of a combined Hackney Carriage and Private Hire Driver’s Licence where the licence holder has been charged with offences.
The Committee were also requested to consider delegating powers to the Head of Natural and Built Environment in respect of suspending driver licences, pending Sub-Committee review, in urgent cases.
RESOLVED
(1) That pursuant to Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 the combined Hackney Carriage and Private Hire Driver’s Licence of the person referred to in Paper G71 be immediately suspended.
(2) That a Sub-Committee hearing to review the status of the licence of the person referred to in (1) above be held as soon as possible, once the outcome of the charges is known.
(3) That the Head of Natural and Built Environment be delegated authority to suspend a driver’s licence, where appropriate, under Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, pending a Sub-Committee hearing to review the status of that licence.
The business of the meeting was concluded at 10.00 a.m.
Chairman
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