Agenda and minutes

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Items
No. Item

27.

Election Of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

RESOLVED that Councillor Blatchford be elected as Chair for the purposes of this meeting.

28.

Minutes Of The Previous Meeting (Including Matters Arising) pdf icon PDF 65 KB

To approve and sign as a correct record the Minutes of the meeting held on 9 January 2018 and to deal with any matters arising.

Minutes:

RESOLVED that the minutes of the meeting held on 9 January 2018 be approved and signed as a correct record.

29.

Exclusion of the Press and Public

Chair to move that in accordance with the Council's Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of item 8 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein is potentially exempt as it relates to individual personal details and information held under the Data Protection Act 1998. Having applied the public interest test it is not appropriate to disclose this information as the individuals' legal expectation of privacy outweighs the public interest in the exempt information.

Minutes:

The Sub-Committee accepted legal advice that the agenda item be amended to read as follows:

 

This report includes details and information that is classed as exempt from publication in accordance with the Council's Constitution and specifically Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules due to the identification of individuals and sensitive details of convictions. Accordingly, the report has not been published at this stage. In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, members shall be able to determine whether to exclude the public from all or any part of the hearing after consideration of the public interest.

 

Following amendment of the item the Sub-Committee resolved as follows:

 

RESOLVED that having applied the public interest test and in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 it was not appropriate to disclose this information as the individual’s legal expectation of privacy outweighed the public interest in the exempt information.  Accordingly the press and public were excluded from the hearing.

30.

Exclusion Of The Press And Public - Legal Advice

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The parties to the hearing, press and the public, unless otherwise excluded by the Licensing Act 2003 (Hearings) Regulations 2005, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

Minutes:

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the parties to the hearing, press and public be excluded at a predetermined point whilst the Sub-Committee reaches its decision.

31.

Personal Licence Holder

Report of the Services Director – Transactions and Universal Services seeking determination of suitability of a specific individual to continue to be licensed as a personal licence holder following relevant convictions being disclosed to the Licensing Authority.

Minutes:

The Sub-Committee considered the report of the Service Director of Transactions and Universal Services to determine whether to suspend or revoke a personal licence following notification of a relevant conviction.

 

The Sub-Committee determined to proceed in the absence of the personal licence holder. No correspondence or communication had been received from the licence holder despite repeated attempts by the licensing authority to make contact.

 

The Licensing Manager was present and with the consent of the Chair addressed the meeting.

 

The Sub-Committee considered very carefully all the evidence presented by the Licensing Manager. 

 

The Sub-Committee considered all the facts and decided to revoke the personal licence.

 

It was determined that in light of the reasons for the previous decision to exclude the press and public from the hearing, the reasons for the decision ought not to be published.