LICENSING ACT 2003                      

NOTICE OF HEARING

LICENSING SUB-COMMITTEE

LOCATION OF HEARING:
Council Chamber, Council Offices, Corks Lane,
Hadleigh IPSWICH IP7 6SJ

DATE AND TIME OF HEARING:

Friday 10 February 2006 at 9.30 am

Sub-Committee Members

1.        Mr B L Lazenby

2.        Mr J J Quinlan

3.        Mr G S White

Reserve Members

1.         Mr C D Kerr

2.          

ITEM

BUSINESS

1

APOLOGIES

2

Election of chairman for hearing (IF APPROPRIATE)

3

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

Paper E221

previously

circulated

4

LICENSING ACT 2003 – HEARING REPORT

BUSSANDRAS, SUDBURY

The Acting Head of Legal and Administrative Services to report that the hearing held on 15 December 2005 for the above was opened by the Chairman.  Mr P Mannering, the applicant, was present at the meeting and made an application for an adjournment of the hearing until a planning application submitted on his behalf had been determined.  This request was agreed by the Licensing Sub-Committee as an adjournment was considered  to be necessary for the Licensing Authority’s consideration of the representation made by  the Local Planning Authority (Appendix 2 of Paper E221), and the hearing was adjourned to a date to be notified to all parties, such date to be after the determination of the planning application in question.  The Licensing Officer was present at the hearing and confirmed that an adjournment was acceptable to the Licensing Authority.

Further to the above, a second application for an adjournment was submitted by Mr P.Mannering at the reconvened meeting on 13 January 2006 and the Licensing Sub-Committee agreed to this further request. The Licensing Officer had confirmed to the Chairman that an application to vary the planning conditions had now been received by the Local Planning Authority on 9 January 2006, consistent with the hours now reduced from the original premises licence application and in accordance with the recommendations of Mr M.Crisp the Local Environmental Health Officer. The hearing was adjourned to a date to be notified to all parties, such date to be the next scheduled sitting of the Licensing Sub-Committee.

Today’s hearing has been convened to enable Members of the Sub-Committee to be updated on the planning issues relevant to the Licensing Act application to vary the premises licence for Bussandras.

The current position is that the planning variation application has been rejected as INVALID by the Local Planning Authority as further information is required. Therefore there is no planning variation application currently being processed.

Members will be asked to note the position as set out above together with any further information which may be available to Members at the reconvened hearing. Based on the updated information the Sub-Committee may proceed to determine the licence application or consider any submission made by Mr Mannering for a further adjournment.

Paper E226
previously circulated

Paper

E263

5

LICENSING ACT 2003 – HEARING REPORT

brewery farm shop, polstead

The Acting Head of Legal and Administrative Services to report that the hearing held on 15 December 2005 for the above was opened by the Chairman.  Mrs Witt, on behalf of the applicant, was present at the meeting and made an application for an adjournment of the hearing until a planning application submitted by the applicant had been determined.   This request was agreed by the Licensing Sub-Committee as an adjournment was considered   to be necessary for the Licensing Authority’s consideration of the representation made by the Local Planning Authority (Appendix 2 of  Paper E226), and the hearing was adjourned to a date to be notified to all parties, such date to be after the determination of the planning application in question.  The Licensing Officer was present at the hearing and confirmed that an adjournment was acceptable to the Licensing Authority.

Further to the above, a second application for an adjournment was submitted by Mrs A.Witt (the applicant) in her absence at the reconvened meeting on 13 January 2006 and the Licensing Sub-Committee agreed to this further request. The Licensing Officer had confirmed to the Chairman that an application to vary the planning conditions had been lodged and was due for determination by the Local Planning Authority on or around 25 January 2006. The hearing was adjourned to a date to be notified to all parties, such date to be the next scheduled sitting of the Licensing Sub-Committee.

Today’s hearing has been convened to enable Members of the Sub-Committee to be updated on the progress of the planning application which is relevant to the Licensing Act application for a new premises licence for the Brewery Farm Shop. 

The current position is that the Local Planning Authority have now REFUSED the planning variation application. The particulars of this decision are annexed to this Notice as Paper E263. The applicant Mrs A.Witt has expressed an intention to appeal against this refusal.

Members will be asked to note the position as set out above together with any further information which may be available to Members at the reconvened hearing. Based on the updated information the Sub-Committee may proceed to determine the licence application or consider any submission made by Mrs Witt for a further adjournment. The Licensing Officer has advised Mrs Witt to proceed and attend on the basis that the hearing to determine the licence application may now go ahead.

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):

Attached
(Existing Licence)

Attached
(New Licence)

APPLICANT – RESPONSIBLE AUTHORITIES – INTERESTED PARTIES

Please ensure that you complete and return the attached ‘Attendance at Hearing Notice’ NO LATER than 5 (five) working days before the date of the hearing.

A party who wishes to withdraw any representations they have made should do so as soon as possible.

If you consider that the hearing is not necessary, the Licensing Authority may dispense with a hearing providing all parties subject to the hearing agree that a hearing is not necessary.  If you consider this to be the case, then you should give notice to the authority as soon as possible.

Attached

Procedure to be followed at the hearing

The Procedure is attached.