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5.1
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In respect of paragraph 2.3, wherein it was stated that
the quorum of the Licensing Sub-Committee is three members and all
three members must be present throughout the hearing, it was noted
that in the event of one of the three members having to withdraw
for whatever reason e.g. indisposition etc. during the course of
the proceedings, then it would be helpful if provision could be
made within the procedures to allow the remaining two members to
continue with the hearing subject to the agreement of all the
relevant parties present.
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The Senior Trading Standards Officer noted that he did not
see why a hearing once commenced, should not be allowed to continue
with two members if all parties were amenable to that course of
action.However, a member who withdraws from a hearing during the
course of the proceedings cannot then return at a later point in
the proceedings.
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5.2
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In respect of paragraph 2.4, it was proposed that the
words " to the members" be added to the final sentence of this
paragraph so that it reads, "The officers are present to provide
advice to the members
and are not parties to the
hearing."
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5.3
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In respect of paragraph 5.1, in relation to right of
attendance and representation, it was suggested that a definition
of the term "party" be given so as to clarify to whom the term
applies in the context of attendance and representation at a
hearing.It was further suggested and agreed that the wording "All
parties to
include..." be added to Paragraph 1.3
of the Procedures (Introduction and Application).
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5.4
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In respect of paragraph 5.4, it was proposed that the word
"relevant" be replaced with the word "accepted" so that the first
sentence reads, "Representations or requests for review will only
be accepted if they relate to one or more of the four licensing
objectives."
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5.5
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In respect of paragraph 6.3, it was proposed that the word
"problems" be replaced with the word "questions" in the final
sentence of the paragraph so that it reads, "The Sub-Committee may
be accompanied by the Committee Officer and the Legal Advisor who
will be available to assist the Sub-Committee with any legal
questions,
but will not participate in any decision making of the
Sub-Committee."
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5.6
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In respect of paragraph 8.14, it was proposed that the
word "may" in the second sentence be replaced with the word, "will"
so as to read, "The Sub-Committee will withdraw to a
private room to do this" [determine the matter under consideration]
thereby ensuring consistency of meaning with following paragraph
8.15.
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5.7
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In respect of paragraph 8.15 it was proposed that the word
"informed" in the second sentence be replaced with the word
"assisted" so that the sentence reads, "The Chairperson will ask
the Legal Advisor to inform the parties of any legal advice given
during the Sub-Committee's private discussion that has
assisted their decision."
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5.8
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In respect of paragraph 12.1 it was proposed to delete the
word "affecting" from the paragraph so that it reads, "No member of
the Licensing Committee shall serve on the Sub-Committee hearing an
application in the ward which they represent or in which they
live."
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5.9
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In respect of paragraph 12.2 in relation to the rights of
Ward Members to make representations, a query was raised regarding
the stipulation that a ward member acting in a representative
capacity on behalf of a resident or business in the vicinity of the
premises must clearly identify who they are representing on the
basis that some individuals wishing to make representations in
relation to an application might wish to retain their anonymity -
it was asked whether it was feasible to include a provision in the
procedures to the effect that a ward member may disclose the
identity of the person(s) he/she is representing in confidence to
an officer.
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The Legal Services Manager noted that there was no
provision within the system to guarantee the anonymity of those
raising objections to an application - the applicant must know who
is objecting in order to be able to respond to the
objection.
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5.10
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In respect of Paragraph 16.1 which provides for the
Licensing Subcommittee to waive, vary or modify any part of the
procedures in relation to a particular case in the interests of
fairness to the parties or proper consideration of the application
in question, some members objected to the inclusion of this
provision firstly on the grounds that any modification of the
procedures should be agreed by the full Licensing Committee, and
secondly on the grounds that allowing the Subcommittee to vary the
procedure undermined consistency in that the procedure could change
from hearing to hearing dependent on the views of those members
serving on the Subcommittee at any given time.
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The Chair noted that there has to be an element of
discretion in dealing with individual hearings and the subcommittee
must be given the right to waive, vary or modify the procedure if
ensuring a fair and proper hearing in particular cases so
demands.
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The Legal Services Manager observed that circumstances
might arise wherein the Subcommittee might need to vary the
procedure - the provision stipulates that the Subcommittee must
give reasons for any decision to do so, and these will be
recorded.The procedure as presented provides a general framework
for conducting hearings within which there is discretion to vary
the arrangements in particular cases.
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It was resolved to approve the Draft Licensing
Procedures subject to implementing the amendments outlined in
paragraphs 5.1 to 5.8 above.
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Councillor J.Arthur Jones
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