The Director of Neighbourhood and Environmental Services submits a report.
Minutes:
The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for the review of an existing Personal Licence.
The applicant was present. The Licensing Team Manager and Legal Adviser to the Sub-Committee were also present.
The Licensing Team Manager outlined details of the application including the relevant City Council Policy Guidelines and drew Member’s attention to the conviction for a relevant offence referred to in the report.
The applicant was given the opportunity to make a representation but stated they had no comment on the matter.
The Chair asked the applicant to clarify that they understood the proceedings and had nothing to add, which the applicant confirmed.
The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present.
In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.
The Chair announced that the decision and the reasons would be publicly announced in writing within five working days. The Chair informed the meeting that the Legal Advisor to the Sub-Committee would be called back to give advice on the wording of the decision.
The Chair then asked all but the Members of the Sub-Committee and Democratic Support Officers to disconnect from the meeting. The Sub-Committee then deliberated in private in order to consider their decision.
The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.
RESOLVED:
That the Personal Licence be REVOKED.
It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panel (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (The 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.
The Members of the Sub-Committee had listened carefully to the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.
Members were informed that in October 2018, the Council issued a Personal Licence to the Licence Holder. Subsequent to the grant, the Licence Holderwas convicted on 7th November 2019 at Leicester Magistrates Court of an offence contrary to section 136 of the Licensing Act 2003. The brief circumstances of that offending were that between 17th May 2019 and 12th June 2019, the Licence Holder sold alcohol for consumption on premises in Leicester despite the Premises Licence for those premises only authorising off-sales.
The conviction under section 136 of the Licensing Act 2003 was a relevant offence as listed in Schedule 4 of the Act. The conviction was not spent for the purposes of the Rehabilitation of Offenders Act 1974 and therefore gave ground for suspension or revocation of the Personal Licence under section 132A(3)(b) of the Licensing Act 2003.
Members of the Sub-Committee took account of the Licence Holder’s personal circumstances, and the Licence Holder’s explanation of the offending.
However, the Sub-Committee Members believed the Licence Holder’s offending clearly demonstrated their unsuitability to hold a Personal Licence. A Personal Licence authorised an individual to supply alcohol, or authorise the supply of alcohol, in accordance with a Premises Licence but that was exactly what the Licence Holder failed to do by their offending.
Members of the Sub-Committee were reminded of the Council’s Licensing Policy details: “The Licensing Authority recognises the important role that personal licence holders have to play in the promotion of the licensing objectives at premises selling alcohol. For this reason, personal licence holders are required to have prescribed training and not have relevant convictions that would indicate their unsuitability”.
The decision of the members of the Sub-Committee was that, to promote the licensing objectives, it was appropriate to revoke the Personal Licence under section 132A(3)(b) of the Licensing Act 2003.
The Licence Holder was informed he would have 21 days to appeal the decision to the Magistrates Court should he wish to do so.
Supporting documents: