13th July 2006 - Agenda 9.15 am

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: Thursday 13 July 2006 at 9.15 am

In accordance with Regulation 6(1) of the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Authority of Babergh District Council hereby gives notice that a hearing of a sub-committee of the Authority’s Licensing and Appeals Committee has been arranged as set out above in order to determine the following application:

Please ensure that the attached ‘Attendance at Hearing Notice’ is completed and returned – see Page 3.

Sub-Committee Members
1. Mr B L Lazenby 2. Mr J J Quinlan 3. Mr G S White	Reserve Members 1. Mrs E F Bates 2.

A G E N D A

ITEM	BUSINESS

PART I

		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.
Papers E226 and E263 previously circulated		4	LICENSING ACT 2003 – BREWERY FARM SHOP, BOWER HOUSE TYE, POLSTEAD, COLCHESTER CO6 5BZ Previous papers – E226 and E263 The Licensing Officer to report that this application to be granted a new premises licence has been adjourned previously on four occasions, at the request of the applicant and agreed by the sub-committee, pending the outcome of a Planning appeal. The Planning appeal has now been upheld by the Planning Inspector and the Planning Authority has now withdrawn its representations against the licence application. Therefore the Act requires that the licence be granted as applied for as there are now no relevant representations remaining against the application. However, as the hearing has already opened, the Licensing Act 2003 regulations require that the hearing meeting is re-convened to conclude matters. The Licensing Officer will provide a full update for the sub-committee at the re-convened hearing on 13 July 2006.
			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			APPLICANT – RESPONSIBLE AUTHORITIES – INTERESTED PARTIES Please ensure that you complete and return the attached ‘Attendance at Hearing Notice’ as soon as possible 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.

For further information on any of the Part 1 items listed above, please contact Linda Sheppard on Ipswich (01473) 826610 or via email at committeeservices@babergh.gov.uk