Agenda item

Report ENV932 from the Licensing Officer.

Decision

The Alcohol, Entertainment and Late Night Refreshment Licensing  Committee determined that revocation of the Personal Licence was the most appropriate and proportionate step to promote the licensing objectives.

The Personal Licence Holder was not present at the meeting.

The Licensing Officer presented exempt report ENV932 which concerned the determination of a Personal Licence following conviction of a relevant offence.

The Personal Licence holder had held a licence issued by South Kesteven District Council since September 2022.  In October 2025 the Licensing Team received notification and a Certificate of Conviction from Lincoln Magistrates’ Court advising that the Personal Licence Holder had been convicted in court for failure to provide a specimen for analysis whilst driving.  The offence took place in September 2025.  There was a query about the name on the court notification which was clarified by the Personal Licence holder.

The Licensing Officer provided the Committee with details of the offence, fines and court fees.

Under Section 132 (2) of the Licensing Act 2003 a personal licence holder must:

a)    Notify the relevant licensing authority as soon as reasonably practicable after the conviction, give the relevant licensing authority a notice containing the details of the nature and date of the conviction, any sentence on them in respect of it; and

b)    As soon as reasonably practicable after the determination of any appeal against the conviction or sentence, or of any reference under Section 36 of the Criminal Justice Act 1988 (c.33) in respect of the case, give the relevant licensing authority a notice containing details of the determination.

The Personal Licence holder had failed to inform SKDC of their conviction, however they did inform the court that they were a personal licence holder.

If the relevant authority was considering whether to suspend or revoke the licence, the authority must give notice to the licence holder, a notice under Section 132A (4), this was issued to the licence holder in November 2025.  A copy was appended to the report at Appendix 3.  When generated, the letter was produced with the incorrect personal licence number quoted, this was reissued as shown at Appendix 4.

The licence holder may make representations to the Licensing Authority within the period of 28 days beginning with the day the notice was issued.  Any representation may be made regarding:

a)    The relevant offence that has caused the licensing authority to issue the notice,

b)    Any decision of a court under section 129 or 130 in relation to the licence, and

c)     Any other relevant information (including information regarding personal circumstance)

The 28-day representation period took place between 5 November 2025 and 3 December 2025.  One representation was received from the Personal Licence Holder and a copy was appended at Appendix 5.

A question was raised in respect of the Personal Licence holders change of name to which the Licensing Officer replied.

The Licensing Officer then gave their closing statement.  The Policing & Crime Act 2017 gave Licensing Authorities a discretionary power to revoke or suspend a personal licence if a personal licence holder is convicted of a relevant offence under the Licensing Act 2017.

Under Section 132a of the Licensing Act 2003 the steps a relevant authority may take are:

a)    Determine that no further action is required, or

b)    Issue a warning letter

c)     Suspend the personal licence for a period not exceeding six months

d)    Revoke the personal licence.

In determining the matter, the Licensing Authority must take into account:

a)    Any representations made by the licence holder

b)    Any decision of a court under section 129 or 130 of which the licensing authority is aware, and

c)     Any other information which the authority considers relevant.

Members attention was also drawn to the information contained within the legal and governance comments of the report.

(11:45 the Licensing Officers left the meeting)

Members discussed the issue before them having regard to all the relevant documents and guidance and the representations made.  Concern was expressed by Members about the conduct of the Personal Licence holder with reference being made to the medical condition that they suffered from and failure to take required medication could affect their interactions.  It was noted that they had not advised the Licensing Authority about their conviction but it was acknowledged that they had made the Court aware that they held a personal licence.  It was commented that failure to notify the relevant Licensing Authority about convictions appeared to be a common theme with those who held various licences with a local authority.  Discussion in respect of sanctions available to the Committee were debated in respect of the promotion of the licensing objectives. The Committee did not consider that it was appropriate to take no further action, issue a warning letter or suspend the licence.  After further consideration and for the promotion of the licensing objectives it was proposed and seconded to revoke the Personal Licence, on being put to the vote this was unanimously agreed.

(12:05pm the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committees decision. The Committee confirmed that they had read and considered all documentation before them. The Personal Licence Holder did not attend the hearing but had submitted a written statement, which appeared at Appendix 5 of the agenda papers.

The Committee noted that the Personal Licence Holder had pleaded guilty and had been convicted of the offence of failing to provide a specimen for analysis whilst driving. The Committee further noted that, following their conviction, the Personal Licence Holder did not notify the Licensing Authority of the conviction, although they had informed the court that they held a personal licence. The Committee also considered the information provided regarding the Personal Licence Holder’s medical diagnosis.

The Committee considered all options available to them under the Licensing Act 2003.  With a view to promoting the licensing objectives, the Committee did not consider that it was appropriate to take no further action, issue a warning letter or suspend the licence.

Having considered all the information before them, the Committee determined that revocation of the Personal Licence was the most appropriate and proportionate step to promote the licensing objectives.

There was a right of appeal to the Magistrates’ Court within 21 days of the licence decision being received.