Agenda item
LICENSING ACT 2003: APPLICATION FOR A PERSONAL LICENCE - APPLICANT NO. 15/1517/LAPER
To consider an application for a Personal Licence from Applicant No. 15/1517/LAPER submitted in accordance with Part 6 of the Licensing Act 2003 (an outline of the submission and associated papers are attached).
Please note the procedure to be taken by the Sub Committee (which is attached to this agenda).
Decision:
RESOLVED that the
application be refused.
Minutes:
The Public Protection Business Manager submitted a
report by the Head of Planning and Public Protection (previously circulated)
upon –
(i)
an
application having been received from Applicant No. 15/1517/LAPER for a new
Personal Licence in accordance with Part 6 of the
Licensing Act 2003 (Appendix B to the report);
(ii)
the
granting of a Personal Licence to an individual authorising that individual to supply alcohol, or authorising the supply of alcohol, in accordance with a
premises licence and having effect for an unlimited
number of years unless surrendered, revoked, suspended or forfeited;
(iii)
the
Applicant having declared a relevant unspent offence as part of the application
process for a Personal Licence;
(iv)
the
North Wales Police having raised objections to the application on the grounds
that granting the licence would undermine the crime
prevention objective of the Licensing Act 2003 (Appendix A to the report);
(v)
the
need to consider the application taking due account of Guidance and the
Council’s Statement of Licensing Policy; other relevant legislation and
relevant representations received, and
(vi)
the options available to the committee when determining the application.
The Public Protection Business Manager summarised the report and outlined the facts of the case.
APPLICANT’S
SUBMISSION
The Applicant was in attendance in support
of his application and reported upon his work and experience in the pub
trade. He wished to pursue a career in
that industry and had been encouraged by his peers to apply for a Personal Licence in order to achieve his ambition. He explained that he wanted to continue in
that line of work as opposed to being unemployed seeking work in other
industries.
NORTH
WALES POLICE SUBMISSION
Mr. Aaron Haggas,
Police Licensing Officer represented the North Wales Police. Whilst acknowledging the Applicant had been
honest in declaring his conviction the Police submitted that it was a serious
conviction and a relevant offence which had not been spent under the terms of
the Rehabilitation of Offenders Act 1974.
Consequently the Police submitted that granting the licence
would undermine the crime prevention objective and that the Applicant should
re-apply when the conviction was spent.
Mr. Haggas also submitted that the Applicant
did not require a Personal Licence in order to work
in the licensed trade.
Members took the opportunity to question
the Applicant regarding his conviction and raised concern that he had failed to
express any remorse in that regard during his submission. The Applicant responded to members as follows
–
·
acknowledged
that he had been foolish in his youth and regretted his past behaviour but provided assurances regarding his current and
future conduct, confirming he had recently held a position of responsibility in
the pub trade and wished to further his ambition in that regard
·
elaborated
upon his conviction and the sentence imposed which had given him a wake-up call
in terms of his behaviour and he had learnt from past
mistakes
·
apologised for his past behaviour
advising that he had been young and foolish and easily led
·
highlighted that his circumstances had changed and he enjoyed
working in the pub trade and wished to forge a career in that profession.
APPLICANT’S
FINAL STATEMENT
The Applicant advised that he had nothing
further to add to his submission.
ADJOURNMENT
TO CONSIDER THE APPLICATION
At this juncture (2.15 p.m.) the Licensing
Sub Committee adjourned to consider the application.
DECISION
RESOLVED that the application be
refused.
The Chair conveyed the Sub Committee’s decision to the
parties present and the Principal Solicitor reported upon the reasons for the
decision as follows –
The Licensing Sub
Committee felt that granting the licence on this occasion would undermine the
crime and disorder objective. The
Applicant was only convicted of an offence in May 2012 and was imprisoned for
twelve months. The offence was a serious
one and was considered a relevant offence when considering whether or not to
grant a licence.
Whilst it was
admirable that the Applicant wished to remain in the pub trade and avoid going
on benefits and job seekers allowance, it was recognised that he would still be
able to continue working since there were other jobs he could do without
holding a Personal Licence.
The Applicant was
reminded that the granting of a Personal Licence was not a foregone
conclusion. It was a well-considered
process and the granting of a licence put the Applicant in a position of great
trust. It was not just a piece of paper
or a card but an acknowledgement of the trust and confidence in a person to
adhere to the laws and regulations surrounding the licensed trade. Keeping people safe from nuisance, protecting
people against crime and disorder, protecting children from harm, and ensuring
public safety.
The Applicant was
encouraged to continue along the lines he had been going in his rehabilitation,
and should not be dissuaded from applying in the future. At this moment in time however the Sub
Committee felt that this application came too soon after his conviction.
Finally the
Applicant was advised of the right of appeal against the Sub Committee’s
decision.
The meeting concluded at 2.25
p.m.
Supporting documents: