Agenda and minutes

Appeals Sub-Committee
Thursday, 6 June 2019 10.00 a.m.

Venue: Georgian Room, Kendal Town Hall

Contact: Una Bell 

Items
No. Item

APP/1

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Dave Khan be elected Chairman for the meeting.

APP/2

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

Councillor Rachael Hogg having, prior to the commencement of the meeting, indicated that she was acquainted with the Appellant’s representative, attention was drawn to the fact that Councillor Roger Bingham, as substitute Member, had taken her place on the Sub-Committee.

APP/3

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised under this item.

APP/4

Local Government Act 1972 - Excluded Items

To consider whether the item in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

APP/5

Press and Public

Minutes:

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and public, with the exception of the appellant and their representative, 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 Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated.

APP/6

Appeal - 2019/20 - 002

To hold a hearing in response to the submission of an appeal.

Minutes:

Following introductions, the Chairman advised all present of the correct procedure to be followed during the appeal hearing.

 

The appellant was in attendance and was represented and assisted in presenting their case by a representative.

 

The case for the Council was presented by the Operational Lead Delivery and Commercial Services.

 

Following presentation of written and oral statements, questions were put to the appellant and their representative and to the Council representative.  The appellant and their representative and the Council’s representative were also provided an opportunity to raise questions.  The cases for the appellant and the Council were then summed up.

 

Note – the Sub-Committee passed a resolution to adjourn the meeting to exclude the applicant, in making its decision, pursuant to schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated:-

 

Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

The Sub-Committee then withdrew to consider the circumstances put forward.

 

After reconvening, the Chairman said that the Panel had listened very carefully to the facts that had been presented, and had reached a unanimous decision.  The Chairman stated that a letter confirming the Panel's decision would be sent to the appellant within five working days.

 

The Chairman read out the decision of the Panel as contained in the following resolution.

 

RESOLVED – That

 

(1)        the original decision by management be upheld; and

 

(2)        a letter confirming the Sub-Committee’s decision be sent to the appellant within five working days of the Appeal.