Agenda

Licensing and Regulatory Sub-Committee
Thursday 7 November 2019 10.00 am

Venue: Council Chamber, College Heath Road, Mildenhall, IP28 7EY

Contact: Helen Hardinge: Democratic Services Officer  Email: helen.hardinge@westsuffolk.gov.uk

Items
No. Item

 

PROCEDURE FOR THE CONDUCT OF

SEX ESTABLISHMENT LICENSING HEARINGS

 

Procedure

 

1.       The Chair should ask whether the applicant, if unaccompanied, was aware that they could be represented.

 

2.       The Chair should introduce those present at the meeting and state their position if Officers.

 

3.       The Chair should then request the appropriate Officer of the Council to outline the matter under consideration.

 

4.       The Applicant should then present their opening submission.

 

5.       Members of the Committee and Council Officers will then have the opportunity to question the applicant regarding their opening submission.

 

6.       Anyone who has submitted a representation would then be invited to address the Committee in relation to the relevant parts of their previously submitted representation.  This may be subject to a time limit, which will be advised in advance of the hearing.  

 

       N.B. This will occur only if Chair has exercised his/her discretion to allow Objectors to address the Committee. As case law and legislation restricts objectors addressing the Committee, the Committee and the applicant are not permitted to ask questions of the objectors.

 

7.       The applicant should then present their main submission which should include their response to objections, and call any necessary witnesses.

 

8.       Members of the Committee and Council Officers will then have the opportunity to question the applicant regarding their main submission.

 

9.       The applicant will then have the opportunityto sum up and generally have the right of final reply.

 

10.    The Committee will then retire to obtain legal advice (see note i). The Legal Officer will retire with them.

 

11.    The Committee will, unless an adjournment or deferral is necessary, return and the Decision will be read out.


 

 

NOTES:

Note i – Exclusion of the Public Procedure: - Paragraph 5 of Part 1 of Schedule 12A Local Government Act 1972, as amended. (Chair will call for a proposal to exclude press and public, followed by a Seconder and vote will be taken.)

 

General

 

1.     The case for any party should only be put in the presence of the others, unless one party voluntarily chooses to leave the meeting.  It is vital that all Members of the Committee present at the opening of the meeting remain present throughout the hearing, any Member arriving after consideration of the item has commenced should not take part in deliberations.

 

2.     Members of the Committee should, during the hearing, confine themselves to questions and not embark upon discussion of the merits of the application.

 

3.     Applications for adjournments should be granted if refusal would deny the applicant a fair hearing.

 

4.     The Chair may after consultation with the Solicitor present at the meeting vary the provisions of this Code of Conduct if deemed appropriate in the particular circumstances of an item of business being considered by the Committee.

 

5.     The Chair's ruling, in relation to this code and the conduct of the hearing, is final.

 

Agenda

 

 

Procedural Matters

 

Part 1 – Public

 

 

1.

Apologies for Absence

2.

Substitutes

Any Member who is substituting for another Member should so indicate, together with the name of the relevant absent Member.

3.

Election of Chair

To seek nominations for the election of Chair for this Sub-Committee meeting.

The attached Hearing Procedure will be adopted in considering the undermentioned item:

4.

Application for the Renewal of a Sex Establishment Licence (Sexual Entertainment Venue - Heaven) (Report No: LSC/WS/19/004) pdf icon PDF 132 KB

Report No: LSC/WS/19/004

Additional documents: