Agenda item

The Director of Neighbourhood and Environmental Services submits a report.

The Director of Neighbourhood 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, Licensing Enforcement Officer, and Legal Adviser to the Sub-Committee were also present.

Introductions were made and the Chair outlined the procedure of the meeting to those present.

The Licensing Team Manager outlined details of the application including the relevant City Council Guidelines and drew Members’ attention to the conviction for a relevant offence referred to in the report.

The applicant was given the opportunity to make a representation and answered questions from the Sub-Committee.

All parties were then given the opportunity to sum up and make any final comments.

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 reasons made during private deliberation would be publicly announced in writing within five working days. The Chair informed the meeting the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officers to disconnect from the meeting. The Sub-Committee then deliberated in private 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.

REASON FOR THE DECISION

Members of the Sub-Committee had carefully considered the committee report placed before them. Members of the Sub-Committee had listened carefully to all the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

Members of the Sub-Committee were informed that on 26 July 2019, the Council issued a Personal Licence to the Personal Licence Holder (PLH). Subsequent to the grant, the PLH was convicted on 08 October 2019 at Leicester Magistrates Court of an offence contrary to section 5 of the Road Traffic Act 1988, of driving or being in charge of a motor vehicle on a road or other public place on 19 September 2019, with an alcohol concentration above the prescribed limit, namely 45 micrograms per 100 millilitres of breath, the legal limit being 35.

The conviction was a relevant offence as listed in Schedule 4 of the Licensing Act 2003. 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 PLH’s Personal Licence under section 132A(3)(b) of the Licensing Act 2003. A Personal Licence authorised an individual to supply alcohol, or authorised the supply of alcohol, in accordance with a Premises Licence.

The Council’s Licensing Policy detailed: “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”.

Members had taken account of the PLH’s personal circumstances. Members noted that while the PLH had previously been a Designated Premises Supervisor at a store, he no longer held that position. Members also noted that the PLH had completed a Drink Drive Rehabilitation Course. Members had heard the PLH’s explanation of the offending and his assurance that it would not be repeated.

However, the PLH’s offending clearly demonstrated his unsuitability to hold a Personal Licence.

The Member’s decision 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 PLH would be informed that he would have 21 days to appeal the decision to the Magistrates Court should he wish to do so.

At this point Councillor Moore left the meeting.