Agenda and minutes

  Councillor Khan was elected Chair of the meeting

  Having been advised that the applicant had not arrived at the scheduled time and having waited 15 minutes beyond this time during which efforts to contact the applicant were made without success, the Licensing Sub-Committee agreed to deal with the application in absence

1)  To highlight reports or appendices which:

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

c)  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

2) To note that under the Licensing Procedure rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application  as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

  RESOLVED -  That the public be excluded from the meeting during consideration of that part of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:

a)  Appendices A and B of the report both in terms of Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) and the Licensing Procedure Rules, and on the grounds that it is not in the public interest to disclose the documents as they pertain to an individual and that person would reasonably expect their personal information or discussions to be in the public domain

b)  To note that the press and public will also be excluded from that part of the hearing where Members deliberate the application as it is in the public interest to allow the Members to have full and frank debate on the matter, as allowed under the provisions of the Licensing Procedure Rules

To identify any applications as late items of business which have been admitted to the agenda for consideration

 (the special circumstances shall be identified in the minutes)

  There were no late items

Members are reminded to declare any interests at the start of the hearing on each application for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of conduct

  In accordance with paragraphs 19-20 of the Members’ Code of Conduct, Councillor Wilkinson declared a significant interest as the address of the applicant was situated in Councillor Wilkinson’s Ward, although he stated he did not know the applicant and had never been in the public house which had been given as Mr Maughan’s home address

To consider the report of he Head of Licensing and Registration on an application received for the grant of Personal Licence for Mr Robert Maughan. The application has attracted a representation from West Yorkshire Police

(Report attached)

Please note that Appendices A and B of the report are regarded as exempt under the provisions of paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

  The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for the grant of a Personal Licence in respect of Mr Robert Maughan

  Representations had been received from West Yorkshire Police with Mr R Patterson being in attendance at the meeting.   The applicant, Mr Maughan did not attend

  The Sub-Committee heard from Mr Patterson on behalf of West Yorkshire Police who referred to the information contained within Appendices A and B in relation to disclosures made by Mr Maughan.  Although refusing a licence in this circumstances was not automatic, West Yorkshire Police were of the view that due to the nature of the disclosures and the frequency of incidents that to grant a Personal Licence to Mr Maughan would not be in line with the licensing objective relating to the prevention of crime and disorder

  Following Mr Patterson’s representations, Members asked that a check be made to see if in the interim, Mr Maughan had arrived.  One of the Licensing Officers present at the meeting checked but reported that the applicant was not present

  The Sub-Committee carefully considered the written representations from the applicant and West Yorkshire Police and Mr Patterson’s verbal representations

  Members were disappointed that the applicant had not attended and that every effort had been made to contact him, including delaying the start of the hearing and had agreed to hear the application in absence.  A further check on Mr Maughan’s attendance being made at the conclusion of West Yorkshire Police’s representations

  Whilst noting the last offence was three years ago, the Panel shared the concerns of West Yorkshire Police and resolved to refuse the application

  RESOLVED -  That the application be refused