Agenda and minutes

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of any interest.

The Chair outlined the procedure that would be used to conduct the meeting.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph * of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 2: Information which is likely to reveal the identity of an individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 4: Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under the authority.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

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

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information  ...  view the full agenda text for item 20.52

Resolved (Unanimously):

That the press and 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 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

Report of the Director of Communities

The Director of Communities submitted a report for the General Licensing Sub-Committee to determine whether a licence should be granted, as the applicant is currently subject to ongoing criminal court proceedings and has been charged with offences under the Animal Welfare Act 2006, Fraud Act 2006, Proceeds of Crime Act 2002 and Consumer Protection from Unfair Trading Regulations 2008.

The Applicant and her representative (who is her mother) were present at the Sub-Committee.

The Public Protection Team Leader outlined the report, requesting members to refer to the details contained within the report and to give due consideration to all information put before them when deciding if the applicant should be given a licence.

Members were informed that on 27 April 2021, a solicitor instructed on behalf of Animal Protection Services, a registered charity, contacted Chorley Borough Council to enquire regarding an application for a dog day care licence in the applicant’s name. At this time, no application had yet been received.

However, the applicant had been in email correspondence to make arrangements for a premise’s inspection. As the application and fees had not yet been submitted no inspection was arranged.

The applicant was made aware at the time of application that the Council had been provided with the prosecution information, and this would be taken into consideration when a decision was made. In response, the applicant asked if somebody else could obtain the licence in their name.

Following submission of the application, a qualified vet surgeon was employed to inspect the premises on behalf of the Council. The site passed inspection with minor failings and with the recommendation that, should a licence be approved a local authority officer should check prior to opening that all equipment was in place and working effectively.

The Public Protection Team Leader advised members that it was initially understood that a director decision could be taken to approve the grant of a licence, however, after further legal guidance the applicant was told the licence would not be approved, but a report would be submitted to the General Licensing Sub-Committee for a decision. The applicant was in receipt of this information.

The applicant told members that she was a dog lover and only sought to help dogs in need. It was her view that she did the right thing and anybody else in her position would have done the same. The applicant explained to the panel that she had contacted Animal Protection Services herself when she had discovered the ongoing investigation.

The applicant advised that she had sold three full litters and individual dogs in between litters. These dogs were purchased from puppy farms, looked after by the applicant and then rehomed. The applicant explained that she sold the dogs for a similar price to what she had originally paid and did not make a profit. The applicant explained to the Panel that the charges had nothing to do with the day care and not one single puppy farm she had reported had been prosecuted.

Following  ...  view the full minutes text for item 20.53