Agenda item

Report ENV933 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 ENV933 which concerned the determination of a Personal Licence following conviction of a relevant offence.

Section 138 of the Policing and Crime Act 2017 confirms that the decision to revoke or suspend a personal licence (following a relevant conviction or immigration penalty) may not be delegated to an officer.

The Personal Licence Holder was issued a personal licence by South Kesteven District Council in April 2021.  A copy of the licence and the duties of a personal licence holder were as appended to the report.

In January 2026 the Licensing Team received an email from Lincolnshire Police following an application to become a Designated Premises Supervisor at a venue in Grantham from the Personal Licence Holder which stated that they had a relevant conviction listed on the Police National Computer.  The Police asked if the Personal Licence Holder had disclosed the conviction to the Authority.

The Police contacted the Personal Licence Holder regarding the conviction and they explained the incident which they felt was not a chargeable offence. 

The Licensing Officer contacted the Personal Licence Holder requesting any Police documentation or paperwork in respect of the incident to establish the nature of the conviction, to date no documentation had been received. 

The Licensing Officer then read out an extract of the Licensing Act 2003, Section 132 (2)  reproduced at paragraph 2.4 of the report on what a Personal Licence Holder must report to the local licensing authority in respect convictions.  The Personal Licence Holder never informed the authority of the conviction, if a relevant authority was considering whether to suspend or revoke a personal licence, they must give notice to the licence holder under Section 132 (4), this was issued to the licence holder in April 2026. 

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:

-        The relevant offence that has caused the Licensing Authority to issue the notice

-        Any decision of a court under Section 129 or 130 in relation to the licence, and

-        Any other relevant information (including information regarding personal circumstances)

The representation period took place between 9 April and 7 May 2026, no representations were received.

The Chairman asked the Licensing Officer if there was any further communication from the Personal Licence Holder regarding the incident. The Licensing Officer stated that there was nothing official.

One Member asked for clarity in relation to the relevant conviction to which the Licensing Officer responded.

The Licensing Officer then gave their closing statement.  The Policing and Crime Act 2017 gave Licensing Authorities a discretionary power to revoke or suspend a personal licence if a personal licence holder was 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:

-        Determine that no further action is required, or

-        Issue a warning letter

-        Suspend the personal licence for a period not exceeding six months

-        Revoke the personal licence.

In determining the matter, the licensing authority must take into account:

-        Any representations made by the licence holder

-        Any decision of a court under Section 129 or 130 of which the licensing authority is aware, and

-        Any other information which the authority considered relevant.

(12 noon the Licensing Officers left the meeting)

Members discussed the matter before them having regard to all the relevant guidance and legislation.  Clarity was sought in respect of the relevant conviction which was provided by the Legal Advisor.  It was noted that the Personal Licence Holder had not attended the hearing to give any mitigation and background to the offence. Members felt that the sentence given and the fact that the Personal Licence Holder had gone to court meant the offence must have been quite serious.  Further discussion followed in respect of the promotion of the licensing objectives and the sanctions available and a proposal was made to revoke the licence.  The proposal was seconded and on being put to the vote unanimously agreed.

(12:09 the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committee’s decision. The Committee had read all the paperwork before them, relevant guidance and policies and the Licensing Officers report. The  Personal Licence Holder did not attend the meeting.

The Committee noted that the Licensing Team were notified by Lincolnshire Police that the Personal Licence Holder had a conviction from 23 May 2024 which is a relevant conviction under Schedule 4 Paragraph 14 (c ) of the Licensing Act 2003. They further noted that the Personal Licence Holder had not complied with the requirement to notify the Licensing Team of the conviction. They noted the email correspondence from the Personal Licence Holder advising that the incident was a domestic fallout in Spain and they did not believe it was a chargeable offence. No official paperwork had been provided.

In reaching its decision, the Committee considered the nature and seriousness of the offence, the relevance of that conduct to the role of a personal licence holder and  the licensing objective of preventing crime and disorder. The Committee noted that the Personal Licence Holder’s information about the offence but also that no official paperwork had been provided. 

The Committee considered all available options and decided that it was appropriate and proportionate to the promotion of the licensing objectives to revoke the licence.

Where lesser steps have not been taken, the Committee considered that they would not adequately promote the licensing objectives.

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