Issue - meetings

Report of the Director of Customer and Digital.

Nathan Howson, Enforcement Team Leader (Licensing), presented a report of the Director (Customer and Digital) requesting that Members determine the procedure to be followed when the Authority becomes aware that a Personal Licence holder has been convicted of a relevant offence.

In response to Councillors’ questions, it was noted that delegating powers to officers in consultation with Chair or Vice-Chair was consistent with existing practices regarding referrals of taxi driver licence holders for minor offences or cautions, and that putting this policy in place would not undermine the existing Personal Licence holder review underway. However, the Enforcement Team Leader pointed out that the decisions could be distinguished because determinations involving personal licences do not involve the application of any fit and proper test as is the case in taxi licensing and also any decision on personal licences must be based on consideration of the licensing objectives in the Licensing Act 2003.

RESOLVED – That:

1.    The decision of whether to consider revoking or suspending a Personal Licence where the holder has been convicted of a relevant offence before or after the grant of the personal licence be delegated to an Authorised Officer, in consultation with the Chair or Vice Chair of the Licensing and Public Safety Committee.

2.    The decision whether to revoke or suspend a Personal Licence where the holder has been convicted of a relevant offence before or after the grant of the personal licence, where the holder has made representations be determined by a hearing of the Licensing Act 2003 Committee following a formal hearing in all cases. The hearing procedure and timescales to have regard to those relevant to a contested Personal Licence application.

3.    The decision whether to revoke or suspend a Personal Licence where the holder has been convicted of a relevant offence before or after the grant of the licence, where the police have made representations be determined by a hearing of the Licensing Act 2003 Committee following a formal hearing in all cases. The hearing procedure and timescales to have regard to those relevant to a contested Personal Licence application.