Application to Consider the Grant of a Personal Licence
Minutes:
This hearing was held as a hybrid hearing with some of the parties participating virtually using Microsoft Teams and others attending in person.
The Sub-Committee determined that the hearing should proceed with the press and public excluded. This decision was made in accordance with the Licensing Act 2003 (Hearings) Regulations 2005. The papers contain personal details including details of convictions and it was determined that the public interest in doing so outweighed the public interest in the hearing in accordance with Regulation 14.
The Applicant did not attend but the Sub-Committee heard from Licensing Enforcement Officer that the Licensing Department had been in touch with the Applicant and his agent. The Applicant was aware of the hearing time and date and was provided with the Teams link. On that basis the Sub-Committee decided to proceed in the Applicant’s absence.
The Sub-Committee considered very carefully the report of the Service Director of Resident Services and all of the evidence presented today by the Police supported by the Licensing Enforcement Officer. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. The Human Rights Act 1998, the Crime and Disorder Act 1998 and the Equality Act 2010 were also borne in mind whilst making the decision.
The Sub-Committee made its decision on the basis of all of the evidence submitted, both in writing and given orally at the Hearing.
RESOLVED that considering all the above, the Sub-Committee has decided to refuse the application for a personal licence.
Reasons
The Sub-Committee accepted legal advice provided during the course of the hearing that the offences of which the applicant was convicted on 19th October 2022 and 17th April 2023 are relevant offences prescribed by Section 113 Licensing Act 2003 and set out in paragraph 14 of Schedule 4 of that Act.
The applicant had declared these convictions when applying for a personal licence.
A police representation had been submitted on 29th April 2024. The police objected to the grant of a personal licence as the applicant had a second conviction for driving a vehicle with excess alcohol and now sought a personal licence to be in control of alcohol and granting a personal licence would undermine the prevention of crime and disorder objective.
The Sub-Committee had very strong concerns relating to the convictions.
In light of the nature of those offences it was considered appropriate and necessary to refuse the Personal Licence in the interests of the crime and disorder prevention objective as the offences are classified as relevant offences under the Act.
The Sub-Committee was satisfied that the Applicant had been given a proper opportunity to make representations and had failed to do so and accordingly felt it had no option other than to refuse the application.
There is a statutory right of appeal against this decision to the Magistrates’ Court within 21 days of formal notification. This decision takes effect upon the expiry of the appeal period.