13th January 2006 - Agenda - 10.00 am 

Please ensure that the relevant ‘Attendance at Hearing Notice’ (attached) is completed and returned – see Page 5.

Sub-Committee Members
1.        Mrs E F Bates 2.        Mr B L Lazenby 3.        Mr G S White	Reserve Members 1.         Mr J J Quinlan 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.
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.   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 applicant’s understanding of the situation regarding the planning application was incorrect and that a planning application had not in fact been submitted at the time of the hearing on 15 December.  The Licensing Officer understands that this will be rectified by the applicant’s solicitor in the near future.   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, and to approve a further adjournment to 10 February 2006 or another date to be specified by the Sub-Committee, at which time either the application to vary the premises licence will be determined or Members will receive a further update, depending on the progress of any planning application.
Paper E226 previously circulated	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 0f 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.   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.     Members will be asked to note the updated position and to approve a further adjournment to 10 February 2006 or another date to be specified by the Sub-Committee, at which time either the application for a new premises licence will be determined or Members will receive a further update, depending on the progress of the planning application.
			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):