Agenda

To elect a Chair for the duration of the ensuing hearing only.

To receive apologies for absence from Members to determine the quorum of the hearing in accordance with Rule 7 of Part 4 of the Constitution.

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

The press and public are likely to be excluded from the remainder of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972 (Exempt Information) during consideration of the item below on the grounds that it involves the likely disclosure of exempt information, as defined in the respective paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act and, in all the circumstances, the public interest in maintaining the exempt item(s) outweighs the public interest in disclosing the information.

To review of a Personal Licence under Section 132A of the Licensing Act 2003 following Conviction of a Relevant Offence as defined in Schedule 4 of the Act.

Procedure at the Hearing

At the beginning of the hearing, the authority shall explain to the parties the procedure which it proposes to follow at the hearing.

A hearing shall take the form of a discussion led by the authority and cross-examination shall not be permitted unless the authority considers that cross-examination is required for it to consider the representations, application or notice (as applicable).

The authority will allow the parties an equal maximum period of time, to be agreed with the parties at the beginning the hearing, in which to exercise their rights set out below.

Documents Attached

The following documents are attached:

·           Report of the Licensing Enforcement Officer

·           Appendix 1 - Leicestershire Police Letter

·           Appendix 2 - Section 132A (4) Notice

·           Appendix 3 - Representations from Personal Licence Holder

·           Appendix 4 - Email Requesting Confirmation of Two Previous Convictions

·           Appendix 5 - Email Confirming Two Previous Convictions

·           Appendix 6 - Sponsor Letter

·           Appendix 7 - Character Reference

Right of Attendance, Assistance and Representation

A party may attend the hearing and may be assisted or represented by any person whether or not that person is legally qualified.

Representations and Supporting Information

At the hearing, a party shall be entitled to:

(a)      give further information in support of their representation, application or notice;

(b)     if given permission by the authority, question any other party; and

(c)      address the authority.

Failure of Parties to Attend the Hearing

If a party has informed the authority that they do not intend to attend or be represented at a hearing, the hearing may proceed in their absence.

If a party who has not so indicated fails to attend or be represented at a hearing the authority may:

(a)      where it considers it to be necessary in the public interest, adjourn the hearing to a specified date; or

(b)     hold the hearing in the party’s absence.

Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party (as applicable).

Where the authority adjourns the hearing to a specified date, it will notify the parties of the date, time and place to which the hearing has been adjourned.