Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of any interest.

General procedure points and hearing procedure for the meeting.

The Chair outlined the procedure to be followed for the hearing.

To consider the exclusion of the press and public for the following items of business on the ground that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public. This is because it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Resolved:

That the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

Report of the Director of Planning and Development attached.

The Director of Planning and Development submitted a report for the Licensing Act 2003 Sub-Committee to inform members that the Personal Licence holder has been convicted of a relevant offence and to request that members decide whether to suspend or revoke the licence.

The Personal Licence Holder (PLH) was not present at the hearing.

The Enforcement Officer (Licensing) advised that the PLH was granted his licence on 6 August 2018 and on 19 September 2019 the licence holder duly notified the Council of a change of address and a replacement licence was issued.

On 29 April 2022, the licence holder was convicted of driving a motor vehicle with the breath alcohol limit exceeding the prescribed limit. The prescribed limit is 35 micrograms per 100 milliliters of breath. The licence holder’s breath contained 109 micrograms of alcohol per 100 milliliters of breath, over 3 times the legal limit. The vehicle was being driven on Pall Mall, Chorley.

The Enforcement Officer (Licensing) explained that Section 128 of the Licensing Act 2003 requires a PLH charged with a relevant offence to produce a copy of their licence to the Court and that the licence holder had failed to comply with this duty. In addition, Section 132 of the Act requires a PLH convicted of a relevant offence to give the Licensing Authority, as soon as reasonable 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 also failed to comply with this duty.

Members asked if the PLH would be aware of what a relevant offence was. In response, the Enforcement Officer (Licensing) explained that PLH undergo training which provides information on the relevant offences they must comply with.

Members referred to the representation received from the PLH on 17 May 2022 and asked if any representations had been received in support of the PLH such as military veterans or medical evidence. It was confirmed by the Enforcement Officer (Licensing) that no additional supporting representations had been received.

Members asked if the Council’s Statement of Licensing Policy distinguished between being slightly over the limit and being three times over the limit, as in the PLH case. The Enforcement Officer (Licensing) confirmed it did not.

In response to a question from the Sub-Committee’s Legal Advisor, the Enforcement Officer (Licensing) confirmed that the PLH did not declare his personal licence to the Court and had provided no explanation to Officers as to why he did not declare it.

The Enforcement Officer (Licensing) confirmed that the PLH was not currently employed in a premises where he was acting as licence holder. 

RESOLVED:

The Licensing Sub Committee considered the request whether to suspend or
revoke the Licence. Members considered the Licensing Objectives as follows:

•                   Prevention of Crime and Disorder

•                   Public Safety

•                   Prevention of Public Nuisance

•                   Protection of Children from Harm

Members are under a duty as the licensing authority to take such steps as it  ...  view the full minutes text for item 4.