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.

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 SUSPENDED FOR SIX MONTHS

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 listened carefully to all the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

The Sub-Committee members heard that on 21 October 2015, the Council issued a Personal Licence to the Personal Licence Holder (PLH). Subsequent to the grant, the PLH was convicted on 20 December 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 26 April 2019, with an alcohol concentration above the prescribed limit, namely 109 milligrammes per 100 millilitres of blood, the legal limit being 80. 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 Personal Licence under section 132A(3)(b) of the Licensing Act 2003. Members were informed that 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”.

The PLH’s offending clearly brought into question his suitability to hold a Personal Licence.

The Members of the Sub-Committee noted the PLH’s history in the regulated economy as a result of which he should have been fully aware of the ramifications of his offending. However, Members had taken account of the PLH’s personal circumstances. Members noted the PLH was also a Designated Premises Supervisor for three premises in Leicester, positions that required him to hold a Personal Licence. The PLH had completed a Drink Drive Rehabilitation Course. Members also noted the character references submitted on the PLH’s behalf and Members had heard his explanation of the offending and his assurance that it would not be repeated.

In those circumstances, to promote the licensing objectives, Members of the Sub-Committee felt that it would be appropriate, in this case, to suspend the Personal Licence for a period of six months, which would emphasise the importance of future compliance by the PLH and should thereby reinforce his resolve.

As Members of the Sub-Committee did not, at this stage, propose to revoke the Personal Licence, notice would be given under section 132A(10) of the Licensing Act 2003 to the Chief Officer of Leicestershire Constabulary inviting representations regarding whether the Personal Licence should be suspended or revoked having regard to the crime prevention objective.

Leicestershire Constabulary may make representations within the period of 14 days beginning with the day the notice was received. The Committee would thereafter consider the matter again and reach a decision.

Minute Update 24 September 2020

Members originally considered the matter on 1^st September 2020 when they felt that it would be appropriate to suspend the applicant’s Personal Licence for a period of six months. As Members had not at that time proposed to revoke the Licence, notice was given on 4^th September 2020 to the Chief Officer of Leicestershire Constabulary under section 132A(10) of the Licensing Act 2003 inviting representations within 14 days regarding whether the Licence should be suspended or revoked having regard to the crime prevention objective.

Leicestershire Constabulary responded indicating that it did not wish to submit a representation in relation to the matter.

Members had taken account of all the representations previously made, the response from Leicestershire Constabulary, the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

Members’ decision, made under section 132A(12) of the Licensing Act 2003, was that to promote the licensing objectives it was appropriate in this case, for the reasons previously indicated on 1st September 2020, to suspend the applicant’s Personal Licence for a period of six months.

The applicant may appeal the decision to the Magistrates’ Court within the period of 21 days beginning with the day on which he was notified of the decision. The suspension would not have effect until the end of that 21-day period, or if the decision was appealed against, until the appeal was disposed of.