Agenda and minutes

Apologies for absence were received from Councillor Harrish Bisnauthsing and Councillor Patsy Ellis.

None disclosed.

Minutes of the meeting held on 2 September 2025 were proposed, seconded and agreed.

Minutes of the Sub-Committee meeting held on 17 September were proposed seconded and agreed.

Under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the press and public be excluded from the Hearing on the grounds that exclusion outweighs the public interest in the Hearing taking place in public.

For the purposes of paragraph (2), a party and any person assisting or representing a party may be treated as a member of the public.

It was proposed, seconded and agreed to exclude the press and public under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, on the grounds that exclusion outweighs the public interest in the Hearing taking place in public.  For the purpose of paragraph (2) a party and any person assisting or representing a party may be treated as a member of the public.

Report ENV919 from the Licensing Officer.

Decision

The Committee considered the conviction and the failure to notify the Council as required under the Licensing Act 2003 and agreed that the Personal Licence should be revoked.

The Chairman introduced those present and confirmed that the Personal Licence holder was not in attendance.

The Licensing Officer presented the report which concerned whether a Personal Licence should be suspended or revoked as the Council had become aware that the holder of a personal licence had been convicted of a relevant offence.

The Personal Licence holder had held a personal licence issued by South Kesteven District Council since March 2022, a copy of the personal licence was attached to the report at Appendix 1.

In July 2025 the Licensing Team had received notification and a Certificate of Conviction from Lincolnshire Magistrates Court advising that the Personal Licence holder had been convicted in court of driving whilst above the permitted limit for a controlled drug.  The offence had taken place in February 2025.

Driving a motor vehicle whilst under the influence of a controlled frug above the specified limit is contrary to section 5A(1)(a) and (2) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act 1988.

The Personal Licence holder had pleaded guilty to the offence and was disqualified from driving for 12 months, ordered to pay a fine, court costs and surcharge.

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 Personal Licence holder failed to inform South Kesteven District Council of their conviction.

If the relevant authority is 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 August 2025 and a copy was appended to the report at Appendix 3. It was noted that the letter contained an error in respect of the relevant offence which refers to alcohol rather than a specified controlled drug and should be schedule 14 para 14 (b), however, either way the Personal Licence holder was required to inform the Council.

The licence holder could make representations to the Licensing Authority within the period of 28 days beginning with the day the notice was issued.  No representations were received.

The Licensing Officer then answered Members questions in respect of the Personal Licence holder and contact with them to which the Personal Licence holder had not responded.  A question was  ...  view the full minutes text for item 32.

None.

The meeting closed at 10:24am.