Agenda and draft minutes

The Membership of the Sub-Committee for this meeting will be Councillors Blackwell, Edwards and Ilott.

Please contact Louise Aston (01295 221601) to tender apologies.

Note: Declaration of Interests:  Any Member with a prejudicial interest will not be able to participate in the hearing, and should therefore notify the Head of Legal and Democratic Services in advance so that arrangements may be made for an alternate Member to attend.

The constitution of the sub-committee was Councillors Blackwell, Ilott and Reynolds.

The following item of business contains confidential information. Under Section 100A(2) of Local Government Act 1972 the public must be excluded from the meeting during an item of business ‘whenever 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 during that item, confidential information would be disclosed to them in breach of the obligation of confidence’.

Members are advised that as the following item has been marked as confidential the exclusion of the press and public is compulsory in law and the press and public be excluded from the meeting for the following item of business.

Resolved

That the press and public be excluded as the following item had been marked as confidential and the exclusion of the press and public is compulsory in law.

Report of Head of Safer Communities, Urban and Rural Services

Summary

To provide an outline of an application to for the grant of a Personal Licence and detail the representations received from Thames Valley Police that have resulted in the need for a hearing to determine the application.

Recommendations

There is no recommendation. In considering the representations received and what is appropriate for the promotion of the licensing objectives, the options open to the Sub-Committee are, in broad terms:

(1)               reject the application if it considers it necessary for the promotion of the crime prevention objective to do so, and grant the application in any other case.

(2)               grant the application in any other case.

4 August 2011

Dear Mr Shehab

Licensing Act 2003 – Grant of Personal Licence Application: Mr Abdullah Shehab

I refer to the hearing of the Licensing Sub-Committee on 28 July 2011 at which the Sub-Committee considered an application in respect of the above named person for the grant of a personal licence under the Licensing Act 2003.  The decision contained in this letter is a decision of the Licensing Authority.

Regulation 20 of the Licensing Act (Hearings) Regulations 2005 states:-

Failure of parties to attend the hearing

20. —  (1)    If a party has informed the authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.

(2)    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.

(3)    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.

(4)    Where the authority adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.

As you failed to attend the hearing the Sub-Committee first considered if it were necessary in the public interest to adjourn the hearing. It determined that it was NOT in the public interest to adjourn the hearing and determined therefore to hold the hearing in your absence.

After considering all the representations made at the hearing the Sub-Committee made the following determination:

The Licensing Sub-Committee have considered the report given by the Licensing Officer as well as the representations made by ThamesValley Police.

The Licensing Sub-Committee have also taken note of the Licensing Objectives, the Licensing Act 2003 guidance and the Council's Licensing Policy document.

Mr Shehab made no representations. The Sub-Committee therefore concluded that there were no exceptional or compelling reasons to grant the application in the light of ThamesValley Police's objection.

The application is therefore refused.

You have a right of appeal against this decision to the Magistrates' Court within 21 days of the date of this letter. The relevant Magistrates Court for the area is;

Northern OxfordshireMagistrates Court

The Courthouse

Warwick Road

Banbury

Oxon

OX16 2AW

Tel: 01295 452000

Fax: 01295 452050

As you did not attend the Hearing I am also returning your Personal Licence qualification certificate  ...  view the full minutes text for item 5.