Agenda and minutes
PDF 99 KBVenue: Council Chamber - South Kesteven House, St. Peter's Hill, Grantham. NG31 6PZ
Contact: Democratic Services
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Apologies for absence
Minutes: Apologies for absence were received from Councillor Jane Kingman, Councillor Phil Dilks and Councillor Paul Wood. |
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Disclosures of interests
Members are asked to disclose any interests in matters for consideration at the meeting. Minutes: None disclosed. |
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Minutes of the meeting held on 16 December 2022
Minutes: The minutes of the meeting held on 16 December 2022 were proposed, seconded and AGREED. |
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Exclusion of Press and Public
It is anticipated that, in accordance with Section 100A(4) of the Local Government Act 1972 (as amended) the press and public may be excluded from the meeting 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 Act (as amended) would be disclosed to them..
Minutes: 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.
As one of the personal licence holders was running late it was decided to deal with agenda item 6 first.
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Licensing Act 2003: Determination of whether to revoke or suspend a personal licence
Report ENV839 from the Licensing Officer. Additional documents: Minutes: Decision
That the personal licence is revokedunder Section 132a of the Licensing Act 2003 as the personal licence holder had been convicted of a relevant offence as allowed for under the Policing and Crime Act 2017 and the licence holder had also failed to notify the licensing authority of the conviction. To continue to allow the licence holder to hold a personal licence would undermine the prevention of crime and disorder licensing objective.
The holder of the personal licence under discussion was not in attendance but the Committee felt that they had enough information before them to make a decision.
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 become aware that the holder of the personal licence had been convicted of an offence.
Section 132A (7) states 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, when the applicant had been issued with a personal licence and the email received from the Police which confirmed that the personal licence holder had been convicted in court. The licence holder had pleaded guilty and had been disqualified and fined as detailed within 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 notified under Section 132A (4) and this was appended to the report. 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 09 December 2022 to 06 January 2023 from the Licence holder, however, on 05 February 2023 an email was received from the Licence holder confirming that the Premises ... view the full minutes text for item 28. |
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Licensing Act 2003: Determination of whether to revoke or suspend a personal licence
Report ENV834 from the Licensing Officer. Additional documents: Minutes: Decision
The Committee proposed in principle not to revoke the Personal Licence and were minded to suspend the licence for six months. Before making a final decision, a notice will be issued to the Chief of Police inviting them to make representations on the issue of whether the licence should be revoked having regard to the crime prevention objective in accordance with section 132A of the Licensing Act 2003.
The Legal Advisor introduced those present and confirmed that the Personal Licence holder was in attendance.
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 become aware 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 considered relevant.
Background information was given to the Committee in relation to how long the Personal Licence had been held and when the Licensing Authority had received an email detailing the conviction from Lincoln Magistrates Court. The Licence holder had disclosed to the Court that he held a Personal Licence, however he failed to notify the Licensing Authority of his conviction and had not lodged an appeal against the conviction or sentence imposed. The offences which the Licence Holder had been convicted and sentenced were listed as relevant offences as set out in Schedule 4 of the Licensing Act 2003.
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.
If the relevant authority considered whether to suspend or revoke the licence, the authority must give notice to the licence holder, a notice under Section 132A (4) was issued to the licence holder on 05 December 2022.
A 28 day representation period took place from 05 December 2022 until 02 January 2023.
Following a telephone conversation between the Licence Holder and the Licensing Officer in December 2022, an email was received from the Licence Holder detailing the mitigating circumstances and this was appended to the report.
The Licence Holder then made his representation and outlined why he had not notified the Licensing Authority of his conviction and the ... view the full minutes text for item 29. |
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Close of meeting
Minutes: The meeting closed at 10:58am. |