BABERGH DISTRICT COUNCIL

LICENSING AND APPEALS COMMITTEE (HOUSING MATTERS)

MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON MONDAY 2 APRIL 2007

Quick Links

• 1 - Declaration of Interests,
• 2 - Questions from Members,
• 3 - Exclusion of the Public (which term includes the Press),
• 4 - Review of a Decision to Seek Possession of a Property under a Demoted Tenancy.

PRESENT: Mr P J Holbrook - Chairman

The following were also in attendance at the meeting:-

Ms K Smith (Legal adviser to the Committee)
Mr D Bullock (Tenant Services Officer)
Ms C Whatling (Legal adviser to the Tenant Services Officer)
Tenant, accompanied by a friend and representative from Victim Support
Tenant’s next-door neighbour accompanied by daughter

1     DECLARATION OF INTERESTS

None declared at this point in the meeting. However, Mr N MacMaster subsequently declared an interest (Minute No 4 below refers) and left the meeting.

Back to Top

2     QUESTIONS FROM MEMBERS

None received.

Back to Top

3     EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part I of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during this item it is likely that there would be the disclosure to them of exempt information as indicated against the item.

The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Back to Top

4     REVIEW OF A DECISION TO SEEK POSSESSION OF A PROPERTY UNDER A DEMOTED TENANCY (Exempt information by virtue of paragraphs 1 and 3 of Part 1)

The Minute relating to the above-mentioned item is excluded from the public record. The summarised Minute made by the Proper Officer in accordance with Sub-Section 2 of Section 100(C) of the Local Government Act 1972 is set out below.

The Chairman outlined the procedure to be followed at the Hearing and introduced the parties present at the meeting, following which there was a short adjournment. The meeting resumed at 10.40am, when Mr N MacMaster declared a prejudicial interest by virtue of being an acquaintance of the Tenant Services’ witness and left the meeting.

The Chairman referred to the document which had been circulated to those present at the meeting entitled ‘Termination of a Demoted Tenancy – Review by Licensing and Appeals Committee. Checklist of Matters for Consideration’. Members then considered the procedure in respect of this tenancy in accordance with item 1 of the Checklist and in the light of the information supplied by the Tenant Services Officer and concluded that Procedural Correctness had been established.

All parties withdrew from the meeting at 12 noon to allow the Committee to deliberate the application. The parties were then called back into the meeting at 1pm and the decision of the Committee was notified by the Chairman.

Whilst upholding the decision to seek possession on the facts known at the time the decision was taken, Members did not accept the recommendation of the Tenant Services Officer set out in 2.1 of Paper F212. In the light of new information given at the hearing, the Committee resolved to defer possession proceedings for a period of six weeks following which the Committee would meet to review the decision to seek possession taking into account any relevant issues that have arisen during the six week period of deferral.

The business of the meeting was concluded at 1.05pm.

Chairman