Venue: Via MS Teams
Councillor Cotton welcomed all parties to the virtual hearing. Due to the nature of the business to be discussed all present were asked to confirm, and did so, that they were alone in their virtual meeting space.
Councillor Cotton advised from the outset that should there be any technical issues, as had been experienced earlier in the day, the meeting would need to be adjourned.
To Elect a Chairman for this meeting only.
RESOLVED that Councillor Cotton be elected Chairman of the Regulatory Sub-Committee for this meeting only.
Councillor Cotton took the Chair for the remainder of the meeting and round “the table” introductions were made.
Members Declarations of Interest.
Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.
Councillor David Cotton declared a personal interest in that he was a serving Magistrate on the Lincoln Bench, adding that should this matter result in an appeal to the Magistrates’ Court, Councillor Cotton would be de-barred from any involvement in any appeal, other than to give evidence on behalf of the Authority.
There were no further declarations of interest.
The Following Item(s) will be dealt with in accordance with the Principles of Natural Justice adopted by the Council.
A Copy of which is attached to this agenda.
This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors. In the event of one member being unable to attend, their place will be substituted by another member. In the event of this substitution taking place all parties will be informed of the change of membership at the beginning of the hearing.
The Chairman advised that the Principles of Natural Justice were to be followed, as outlined in the Procedure circulated with the Hearing Papers. Confirmation was sought that the Applicant was aware that he could have been represented at the meeting.
The Applicant, in response, advised that he had not been made aware of this fact and was unsure whether he wanted or needed legal representation.
The Legal Adviser affirmed the Applicant had been made aware of his right to legal representation, however only the Applicant could determine whether if in fact he wanted or needed such representation. It was made clear to the Applicant that this was his choice and the Panel would be adjourned and the decision held in abeyance, should he now feel representation was more appropriate.
Following some deliberation, the Applicant advised the Chairman, that he did wish to have legal representation, however his Solicitor was not available today.
On that basis, the Chairman advised that the Meeting would be adjourned, pending “avoid dates” being provided by the Applicant and his Solicitor.
It was also noted that a further substitute Member would be added to the Panel when re-convened and in the event that any Councillor experienced technical issues on the day of the Hearing their position could be appropriately substituted allowing the Hearing to proceed.
The meeting adjourned at 10.49 am and would be re-convened on a date to be confirmed.