Agenda item

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 the decision and detailed reasons therefore would be issued in writing within five working days.

 

The reasons for the decision were as follows –

 

The Licensing Sub Committee had considered the oral representations and the evidence provided in the agenda and reports pack.

 

The Sub Committee noted the explanation given for the circumstances giving rise to the conviction and that this explanation had been corroborated by a witness.  Therefore, the Sub Committee had placed weight on the witness evidence and had accepted the explanation given to them which had been considered significant mitigation in the Personal Licence Holder’s favour.

 

The Sub Committee accepted the Premises Licence Holder had informed the Court of his status as a Personal Licence Holder as required.  They were not provided with any contradictory evidence so felt they had no option but to make this finding as they had in general found him to be an honest and credible witness.

 

The Sub Committee was concerned that the Premises Licence Holder did not inform the Licensing Authority of his conviction.  Members of the Sub Committee expect licence holders to know their responsibilities and to take them seriously, however although they expected him to know the correct protocol, they accepted the explanation that the Court had told him they would inform the Licensing Authority and therefore he did not need to.

 

The Sub Committee found that the explanation given by the Premises Licence Holder of his arrest was not entirely consistent with the evidence provided.  However, they did not consider that anything turned on this and it did not impact on their overall decision.

 

In the circumstances, the Licensing Sub Committee considered that the Premises Licence Holder remained suitable to hold a Personal Licence and that it was not proportionate to take any further action in respect of his licence.

 

NEXT STEPS

 

A copy of the decision notice would be provided to North Wales Police by the Licensing Authority as required by the Licensing Act 2003 S132A.

 

North Wales Police would be invited to provide representations to the Licensing Authority within fourteen days about whether the licence should be suspended or revoked having regard to the prevention of crime and disorder objective.

 

If North Wales Police provided representations to the Licensing Authority as described above within fourteen days of the date they received the notice, the Licensing Sub Committee would hold another meeting to determine the Premises Licence Holder’s suitability to hold a Personal Licence.

 

If the Licensing Authority did not receive representations from North Wales Police within fourteen days, it would proceed to make a final decision on the evidence before it.

 

The meeting concluded at 4.10 pm.