Access to Information - Exclusion of Press and Public
It may be necessary to pass a resolution to exclude the press and public
having reflected on Article 12 12.02(d) (a presumption in favour of
openness) of the Constitution. This decision may be required because
consideration of this matter in public may disclose information falling
within one of the descriptions of exempt information in Schedule 12A to
the Local Government Act 1972. The Regulatory Sub Committee will
need to decide whether, in all the circumstances of the case, the public
interest in maintaining the exemption, outweighs the public interest in
disclosing the information.
To consider passing the following resolution so that exempt information
may be discussed:
Recommended by the Proper Officer that under Section 100A(4) of the
Local Government Act 1972 the public be excluded from the next item of
business on the grounds that it involves the likely disclosure of exempt
information as defined in paragraph 1 respectively of Part 1 of Schedule
12A of the Act, namely information relating an individual.
Minutes:
Prior to consideration of a report from the Specialist Lead (Licensing) to consider whether or not a license holder was fit and proper to hold a licence with Mid Devon District Council the Sub-Committee discussed whether or not the hearing should be held in public or private. Members considered the circumstances of the case and agreed that the hearing should be conducted in closed session. The following resolution was therefore passed:
ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC
RESOLVED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next 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 Act, namely information relating to an individual.