Issue - meetings

To consider a confidential report seeking members’ review of a Personal Licence following conviction of a relevant offence under the Licensing Act 2003 (an outline of the submission and associated papers are attached).

3.30 pm

Please note the procedures to be taken by the Sub Committee (which are attached to this agenda).

RESOLVED to propose no further action be taken in respect of the Personal Licence.

The Senior Licensing Officer submitted a report (previously circulated) upon –

(i)             the suitability of the Personal Licence Holder to continue to hold a Personal Licence following a conviction obtained in March 2024 of a relevant offence under Schedule 4 of the Licensing Act 2003;

(ii)            the powers conferred on Licensing Authorities to suspend (for up to 6 months) or revoke a Personal Licence where an individual holding a Personal Licence had been convicted of a “relevant offence”;

(iii)          referred to the formal Section 132A notice served with no representations received from the Personal Licence Holder within the 28-day timescale;

(iv)          the need to consider the case taking due account of the Council’s Statement of Licensing Policy and Guidance issued under Section 182 of the Licensing Act 2003 together with any relevant representations received, and

(v)           the Personal Licence Holder having been invited to attend the meeting in support of the licence review and to answer members’ questions thereon.

The Personal Licence Holder was in attendance in support of his licence review and was accompanied by one of his employees whom he had called as a witness.

The Senior Licensing Officer submitted the report and facts of the case.

The Personal Licence Holder submitted that he had been punished for his actions and the conviction had a significant detrimental impact on the day to day running of his business.  He had informed the Court that he held a Personal Licence and the Court had advised they would inform the Licensing Authority which was why he had not done so directly.  He explained the events leading up to the incident and mitigating circumstances which had been taken into consideration by the Court and had resulted in a reduced sentence.  Finally, he provided assurances that he was a responsible Personal Licence Holder, his premises were well run with no issues, and asked for that to be taken that into account when making their decision.  In response to questions, he elaborated on his business and operation of licensed premises.

Members raised further questions regarding the incident, subsequent conviction, and reasoning behind the actions of the Personal Licence Holder.  The Personal Licence Holder responded to those questions and also called upon his witness who corroborated his version of events in relation to the day before the offence and the mitigating circumstances put forward in this case.  The witness advised that CCTV and security logs had been submitted in evidence which had been accepted by the Court.  When asked why he had not made any representations within the 28 days permitted under the Section 132A notice, the Personal Licence Holder explained that he had been served the notice and advised that the matter would be put before the Committee for consideration, and he confirmed his attendance to explain the situation.  He apologised that he had not fully understood the process and had not submitted any representations beforehand.

In terms of a final statement the Personal Licence Holder asked members to consider his submissions and look favourably on his licence review.  He highlighted the serious implications for his businesses if his Personal Licence was reviewed and reiterated that his licensed premises were well run and without issues.

At this juncture (3.45 pm) the Chair closed the meeting to all other parties and the Licensing Sub Committee retired to consider the case in private session.

DECISION AND REASONS FOR THE DECISION

RESOLVED to propose no further action be taken in respect of the Personal Licence.

The Chair conveyed the Sub Committee’s decision to all parties present and the Legal Advisor outlined the next steps adding that  ...  view the full minutes text for item 4