To receive apologies for absence.

No apologies had been received.

The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011.  Those Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.

None.

The procedures were explained.

To consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act.”

Part B – Item from which the press and the public are excluded

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

Report by Craig Fowler, Environmental Health & Licensing Manager.

The Hearing took place in the presence of the Applicant, the Environmental Services and Licensing Manager, the Senior Licensing Officer, the Legal Services Manager, the Independent Inspector for Breckland Council, and a Vet and independent Consultant on behalf of the Applicant.

The Licensing Hearing Panel heard the application in accordance with the Council’s agreed procedure.

The Environmental Services and Licensing Manager presented the report which was to determine an application for a Licence for Keeping or Training Animals for Exhibition.

The Applicant was given the opportunity to put their case forward together with the Independent Consultant and vet. 

Following a number of questions to clarify the circumstances and having heard all evidence, the Chairman asked everyone to leave the room save for the Panel Members, Democratic Services Team Leader and Legal Services Manager, to allow Members to consider their options.

The options were to:

(a) Grant the application for a licence for keeping or training animals for exhibition

(b) Refuse the application for a licence for keeping or training animals for exhibition

After considering the matter the Panel recalled the Applicant, the Independent Consultant, the Environmental Services and Licensing Manager and the Senior Licensing Officerto the Hearing.

Sarah Wolstenholme-Smy, the Legal Services Manager advised the Applicant that the Panel had taken account of the fact that the Regulations dealt with the care and welfare of the animals which were the subject of the application and also covered public safety.

The Panel had taken regard of the fact that Paragraph 4 (2) of the Regulations state that a Local Authority must grant a licence if it is satisfied that the licence conditions would be met. Those licence conditions were found in Schedule 2 and 7 of the Regulations. Furthermore, the Regulations were clear that the Panel must, when considering if the conditions would be met, take into account the Applicants conduct as the operator of the activity to which the licence was being applied, whether the Applicant was a fit and proper person to be the operator and other relevant circumstances.

The Panel noted that the Local Authority appointed vet had confirmed in their report that that the Applicant had a good knowledge and level of expertise in caring for the animals, but it was evident that there were still few records being kept such as the routine treatment protocols and veterinary care plan.

The Local Authorities inspector made a similar point. The Panel were concerned by the Applicants historic lack of record keeping, especially as the venue had been open to the public in the past and whilst such records may not have been a legal requirement to keep, they were appropriate for ensuring that the venue was managed appropriately and that all staff were well informed.

The Panel had no doubt that the Applicant was experienced, passionate and able to look after the animals, but the concern was that without relevant record keeping and policy use, that the staff in the absence of the Applicant, would be unable  ...  view the full minutes text for item 10/23