Venue: Council Chamber - South Kesteven House, St. Peter's Hill, Grantham. NG31 6PZ
Contact: Democratic Services
Apologies for absence
An apology for absence was received from Councillor Nikki Manterfield.
Disclosures of interests
Members are asked to disclose any interests in matters for consideration at the meeting.
Minutes of the meeting held on 17 March 2023 PDF 97 KB
The minutes of the meeting held on 17 March 2023 were proposed, seconded and AGREED.
Exclusion of Press and Public
It was proposed, seconded and AGREED to exclude the press and public during consideration of the following items of business because of the likelihood that otherwise exempt information, as described in paragraphs 1 and 2 of the Local Government Act 1972 Act (as amended) would be disclosed to them.
Licensing Act 2003: Determination of whether to revoke or suspend a personal licence
Report ENV844 from the Licensing Officer.
That the personal licence is revokedon the grounds that to continue to allow the licence holder to hold a personal licence it would undermine the prevention of crime and disorder licensing objective.
The Chairman asked the Committee if they were happy to continue with their determination as the personal licence holder was not in attendance, Members were happy to proceed.
The Licensing Officer presented the report which asked the Committee to consider the suspension or revocation of a personal licence under S132A of the Licensing Act as the Licensing Authority had notified that the holder of the personal licence had been convicted of an offence.
Section 132A (7) stated that before deciding whether to suspend or revoke the licence 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.
The Licensing Officer detailed the background to the report including when the applicant had been issued with a personal licence. The Licensing Authority had been notified in January 2023 that the personal licence holder had been convicted in court and fined as detailed within appendix 2 to the report.
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, and any sentence imposed on him 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 Licensing Officer confirmed that no such notification had been received. The Licence holder had been given notice under Section 132A (4) that consideration was being given whether to suspend or revoke the licence.
The Licence holder may make representations to the Licensing Authority within a 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.
No representations were received during the representation period 23 February 2023 to 23 March 2023 from the Licence holder.
Members questioned how the personal licence holder had been contacted and it was confirmed that he had been contacted by both letter and email. It was stated that it was the personal licence holder’s responsibility to notify the Licensing Authority in respect to any convictions or change of contact details.
The Licensing Officer then gave his closing statement ... view the full minutes text for item 42.
Close of meeting
The Chairman thanked all Members for their attendance and the meeting was closed at 10:36am.