LICENSING SUB-COMMITTEE LOCATION OF HEARING: Council Chamber, Council Offices, Corks Lane, Hadleigh, Ipswich, IP7 6SJ  DATE AND TIME OF HEARING: Friday 19 May 2006 at 11.30 a.m.
LICENSING ACT 2003 NOTICE OF HEARING

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 hearings of a sub-committee of the Authority’s Licensing and Appeals Committee have been arranged as set out above in relation to determine the following applications:

Please ensure that the relevant ‘Attendance at Hearing Notice’ (attached) is completed and returned – see Page 4.

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.

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. 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. Subsequently the planning variation of 9 January 2006 was rejected by the Planning Authority as incorrectly made, and a further application was submitted. On 10 February 2006 at the reconvened Licensing hearing Mr Mannering again asked for an adjournment and the Sub-Committee agreed to his further request. The Planning Authority have now refused the planning permission requested. Confirmation of this decision is appended to the Agenda. Today’s hearing has been convened to enable Members of the Sub-Committee to be updated on the issues relevant to the Licensing Act application to vary the premises licence for Bussandras. 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.

		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. 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 Steve Ellwood on Ipswich (01473) 825876 or via email at committeeservices@babergh.gov.uk

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