Agenda and minutes
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PDF 156 KBVenue: Council Chamber
Contact: Rebecca Brough Team Leader - Democratic Support
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Apologies To receive any apologies for absence. Minutes: An apology for absence was received from Councillor P S Le Chevalier. |
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Appointment of Substitute Members To note appointment of Substitute Members. Minutes: There were no substitute members appointed. |
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Declarations of Interest To receive any declarations of interest from Members in respect of business to be transacted on the agenda.
Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting. The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so. If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.
Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting. The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter. In the latter case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules.
Where a Member does not have either a Disclosable Pecuniary Interest (DPI) or Other Significant Interest (OSI) but is of the opinion that for transparency reasons alone s/he should make an announcement in respect of a matter under consideration, they can make a Voluntary Announcement of Other Interests (VAOI). A Member declaring a VAOI may still remain at the meeting and vote on the matter under consideration.
Note to the Code:
Situations in which a Member may wish to make a VAOI include membership of outside bodies that have made representations on agenda items; where a Member knows a person involved, but does not have a close association with that person; or where an item would affect the well-being of a Member, relative, close associate, employer, etc. but not his/her financial position. It should be emphasised that an effect on the financial position of a Member, relative, close associate, employer, etc OR an application made by a Member, relative, close associate, employer, etc would both probably constitute either an OSI or in some cases a DPI. Minutes: There were no declarations of interest from Members. |
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Exclusion of the Press and Public The recommendation is attached.
MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION Minutes: It was moved by Councillor R J Thompson, duly seconded and:
RESOLVED: That, under Section 10(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the item be considered involves the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act. |
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Scrap Metal Dealers' Act 2013 - Application for a Scrap Metal Dealer's Site Licence To consider the attached report of the Head of Regulatory Services. Minutes: The Committee considered the report of the Head of Regulatory Services on an application for a Scrap Metal Dealers Licence. The application was for a site licence which authorised the licensee to carry on business at any site in the authority’s area identified in the licence.
The application had been referred to the Regulatory Committee as the Basic Disclosure from Disclosure Scotland had disclosed two previous convictions that were ‘relevant offences’ under the new Scrap Metal Dealers Act 2013 and were therefore relevant to any decision as to the applicant’s suitability to hold a licence. As part of the application, the applicant confirmed that he was a registered waste carrier and was in possession of a valid permit, issued by the Environment Agency.
In accordance with the general procedure, Members offered the applicant the opportunity to present evidence concerning the circumstances surrounding the convictions. The Members were advised that the offences, which dated from 2010, would be spent as of 2015.
The Committee withdrew to consider the application. Upon reconvening the Senior Solicitor explained that advice had been given to Members in relation to sections 1 and 3 the Scrap Metal Dealers Act 2013. In particular, she had advised in relation to s.3(2), factors which could be taken into consideration and s.3(6), which states that the authority must have regard to the guidance from the Secretary of State on determining suitability. The Senior Solicitor also stated that she advised in relation to s.3(8), which dealt with imposition of conditions if the Committee considered it to be necessary.
RESOLVED: That, in accordance with s.3(1) of the Scrap Metal Dealers Act 2013, the Committee was satisfied that the applicant was a suitable person to carry on business as a scrap metal dealer and therefore a site licence be GRANTED without conditions.
(Councillor S C Manion made a Voluntary Announcement of Other Interests stating that he was a member of the Kent County Council Planning Committee.) |