Agenda and minutes

The Democratic Services Officer drew attention to the emergency evacuation procedure set out on the agenda.

Councillor Gabriel Batt sent his apologies, Councillor Tim Warren was his substitute.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officer before the meeting to expedite dealing with the item during the meeting.

There were none.

There was none.

RESOLVED that the minutes of the meeting of Tuesday 1^st May 2012 be confirmed as a correct record and be signed by the Chair(person).

RESOLVED that the minutes of the meeting of Tuesday 7^th June 2012 be confirmed as a correct record and be signed by the Chair(person).

RESOLVED that the procedure for this part of the meeting be noted.

The Sub-Committee considered the report which sought permission to provide facilities on the highway in respect of No. 5 Bistro, 5 Argyle Street, Bathwick, Bath.

The applicant had appointed a representative/agent who was present, David Holley.  The applicant himself was not present.  The representative confirmed he had read and understood the procedure.  Several of the objectors were also present.

The Licensing Officer presented the report.  The application was for 4 tables with appropriate seating.  He explained that the normal consultation process had taken place including the police, highways, development control, ward councillors and local residents.  He had received objections from the ward councillor, local residents and two late objections from highways and another local resident and his doctor.  He confirmed that the applicant had seen the late objections and the application had been reduced in order to address the concerns.  He reported that in light of the reduction to the application the highways objection had been withdrawn.

At that point Councillor Webber informed the meeting that he could not hear people speaking and the objector added that he could not hear the proceedings either.  The Chair reminded everyone present to speak clearly and use their microphones.  The earlier part of the meeting was repeated.

The Legal Adviser gave some advice in respect of the late representations and read out the judgement relating to a case Miss Behavin’ Limited versus Belfast City Council.

“It would be very strange if such a provision (that there is a deadline for the receipt of objections) designed to allow the council to carry on its business in an orderly and expeditious manner, had the effect of shutting its eyes to facts which it considered relevant to its decision.

•  It would therefore be unrealistic and unjust if a council were effectively precluded from taking into account late objections.

•  If an objection which revealed to a Council, for the first time, certain highly relevant information was received one day late it would be little short of absurd if it could not be taken into account.

•  In such cases it would be contrary to the purpose of the general public interest if the council was obliged to ignore the information.

•  If a council received significant relevant information in a late objection there could be circumstances in which its failure to take it into account would itself be judicially reviewable.

•  A council officer, charged with the duty to open and read the letter etc., which contained new and important information, would be in an impossible position if he was effectively precluded from communicating it to council members.

•  A late objection could be disregarded if it was sent intentionally  last minute or of it was received so late so as to mean that the applicant had not had sufficient time to consider it, or cause disruption to the council’s business.

•  Fairness obviously requires that the terms of any representations, which the Council proposes to consider, should be communicated to the applicant in good  ...  view the full minutes text for item 17.