Venue: Virtual - Online meeting. View directions
Note: If you wish to attend the Committee please email email@example.com by noon 23rd November 2020. This will be a virtual meeting and will be conducted in line with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. Please be aware that when you take part in a virtual meeting your phone number and/or your email address will be visible to councillors and officers of North Devon Council attending the committee but will not be visible to members of the public or others. This is required to allow you to be identified on Microsoft Teams, the software used by the Council to hold virtual committees, and will not be used for any other purpose by the Council. For more information, or to exercise your rights, please see www.northdevon.gov.uk/privacy.
Virtual meetings procedure - briefing etiquette
Chair to report
The Chair outlined the virtual meeting procedure and etiquette to the Sub-Committee and attendees.
The Senior Corporate and Community Services Officer confirmed the Members of the Sub-Committee, Officers and external attendees who were present.
Apologies for Absence
There were no apologies for absence received.
Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency
There were no items to be brought forward as a matter of urgency.
Declarations of Interest
(Please telephone Corporate and Community Services to prepare a form for you before the meeting. Interests must be re-declared when the item is called, and Councillors must leave the meeting if necessary).
There were no declarations of interest received.
Report by Acting Service Lead (Licensing), (attached)
Mr Poll (applicant), Mr Grainger and Mr Bruce (Applicant’s legal representatives) and Mr Howe (Interested Parties legal representative).
The Chair introduced himself and those present.
The Acting Service Lead (Licensing) Officer confirmed that all formal requirements had been met and the application properly made.
The Legal Officer outlined the process for the hearing. He advised the Sub-Committee of the receipt of very late evidence from the applicant’s legal representative containing the applicant’s witness statement. This had not been received until late yesterday evening. Members of the Sub-Committee had not had the opportunity to view the evidence and would find this difficult to view during the virtual meeting and he requested that the applicant’s representative advise the Sub-Committee of the reasons for the late submission and whether Mr Howe had been provided with a copy to view. The Sub-Committee would then need to give consideration whether to adjourn or proceed with the meeting.
Mr Bruce advised that the submission of the evidence had been following discussions with the Licensing Officer yesterday who had advised that the evidence could be submitted yesterday. Therefore he had acted in good faith and in accordance with the Licensing Officer’s advice. He advised that the Interested Parties had submitted a bundle of videos at the end of the previous week, which he received late last Thursday which needed to be responded to by the applicant. The response had been late due to the late submission made by the Interested Parties.
In response, the Legal Officer asked Mr Bruce whether he was happy to proceed with the hearing as a response had now been provided to the Interested Parties representation and if he could go through the evidence that had been submitted at the hearing.
Mr Bruce confirmed that the applicant wished for the application to be resolved today and that he would outline the evidence submitted during the hearing.
The Legal Officer advised that the Chair and himself had both received paper copies of the evidence, however the Councillors had not had the opportunity to view the evidence and would need an opportunity to do so.
Mr Bruce offered to share the documents on the screen with the Sub-Committee.
Mr Howe confirmed that he had not received a copy of the evidence submitted by the applicant and requested opportunity to read the evidence. He confirmed that his clients wished to proceed with the hearing.
The Legal Officer suggested that the hearing adjourn for a period of 20 minutes to give all parties the opportunity to review the evidence received and that the meeting be reconvened at 11.00 a.m.
The Acting Service Lead (Licensing) confirmed that a copy of the evidence submitted by the applicant’s legal representative would be forwarded to Mr Howe.