Venue: Committee Room 1, Town Hall, Chorley
Contact: Clare Gornall, Democratic and Member Services Officer
Declarations of Any Interests
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 none.
General procedure points and hearing procedure for the meeting.
The Chair outlined the procedure to be followed at the meeting.
Exclusion of the Public and Press
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.
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.
Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).
That the press and public be excluded for the following items of business on the ground that 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.
Determination of whether to suspend or revoke a Personal Licence
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 20.14