The Director of Neighbourhoods 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 Personal Licence Holder (PLH) was present with a representative. The Licensing Team Manager, Licensing Enforcement Officer, and Legal Adviser to the Sub-Committee were present.
The Licensing Team Manager outlined details of the application including the relevant City Council Policy Guidelines and drew Members’ attention to the conviction referred to in the report. Questions from the Sub-Committee Members were answered.
The PLH addressed the Sub-Committee and answered questions.
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 made during private session would be publicly announced within five working days. The Chair informed the meeting that 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 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.
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 were informed that on 6 April 2006, the Council issued a Personal Licence. Subsequent to the grant, the PLH was convicted on 8 June 2020 at Leicester Magistrate’s 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 01 March 2020, with an alcohol concentration above the prescribed limit, namely 70 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 licence holder’s Personal Licence in accordance with section 132A(3) of the Licensing Act 2003.
Members had taken account of the PLH’s personal circumstances and noted his indication as to the effect on his livelihood should his Licence be suspended or revoked. Prior to the listing of the matter before the Committee, the PLH had been the Designated Premises Supervisor (DPS) at a local shop he had managed for the past 14 years. A DPS must hold a Personal Licence. As at the date of the Sub-Committee hearing, the DPS had been changed so that the PLH no longer fulfilled the role. However, he continued to manage the shop.
The PLH had completed a Drink Drive Rehabilitation Course. Members noted his 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. A Personal Licence authorised an individual to supply alcohol, or authorise 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 Sub-Committee’s decision, made under section 132A(8) of the Licensing Act 2003, was that to promote the licensing objectives, it was appropriate to revoke the Personal Licence.
The licence holder would be informed he had 21 days to appeal the decision to the Magistrate’s Court should he wish to do so.
Supporting documents: