Issue - meetings

Report of the Chief Executive attached.

The Chief Executive submitted a report for the Licensing Act 2003 Sub-Committee to inform members that a Personal Licence Holder had been convicted of a relevant offence following the grant of a licence.

The Personal Licence Holder (PLH), PB, was present at the hearing.

The Enforcement Team Leader (Licensing), Mr Nathan Howson, presented a report advising members that the PLH was granted his licence on 29 November 2012.

The report indicated that on 15 June 2021, the licence holder was convicted of an offence of theft by an employee.

Such an offence is a relevant offence under the Licensing Act 2003 by virtue of Schedule 4, Paragraph 14(c). A copy of the Certificate of Conviction from Preston Crown Court record attached at Appendix 2 to the report showed that the licence holder was, upon his own confession, convicted on indictment of theft by employee.

Section 128 of the Act requires a Personal Licence holder charged with a relevant offence to produce the licence to the Court. The licence holder had failed to comply with this duty.

Section 132 of the Act requires a personal licence holder convicted of a relevant offence to give the Licensing Authority, as soon as reasonably practicable after the conviction, a notice containing details of the nature and date of the conviction and any sentence imposed in respect of it. The licence holder had failed to comply with this duty.

On 3 April 2023, the licence holder made written representations with regard to the Licensing Authority’s review of the personal licence which included consideration whether to suspend or revoke the licence. The representations were appended to the sub committee’s report.

In conclusion, Mr Howson drew attention to paragraphs 15 and 20 of the report stating that under the Act representations may be made regarding “any other relevant information (including information regarding the licence holder’s personal circumstances)” and that the Authority must take into account “any other information which the Authority considers relevant”.

In response to questions by the Chair, Mr Howson explained that the licence holder was formerly the designated premises supervisor at the premises, but at present his partner was the designated premises supervisor.

Mr Howson also confirmed that, other than one complaint regarding noise, for which no further action was taken, there had been no issues of concern at the premises or in respect of PB’s personal licence.

Arising from questions by the sub committee, Mr Howson clarified that there were two elements to a personal licence, a paper copy which was appended to the report and a small plastic card. There was no requirement to display the paper element of the personal licence in the premises. The small plastic card did not list a personal licence holder’s duties in the way the paper part did.

The licence holder was then invited to address the sub-committee in accordance with the procedure.

PB stated that with regard to his failure to inform the Council of his conviction, he was advised  ...  view the full minutes text for item 14