Agenda and draft minutes

Licensing Act 2003 Sub-Committee - Monday, 23rd September 2024 3.30 pm

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Venue: Committee Room 1, Town Hall, Chorley and YouTube

Contact: Christine Wood, Democratic and Member Services Officer 

Items
No. Item

24.11

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.

Minutes:

There were no declarations of interest.

24.12

Procedure pdf icon PDF 53 KB

General procedure points and hearing procedure for the meeting.

Minutes:

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

24.13

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.

 

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.

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).

 

 

 

 

 

Minutes:

That the press and public be excluded from the meeting for the following items 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.

24.14

Determination of whether to suspend or revoke a Personal Licence

To receive and consider the report of the Director of Planning and Property.

Minutes:

The Director of Planning and Property 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 after the grant of the licence.

 

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

 

The Licensing Officer outlined the report and reminded members of the licensing objectives, members also noted the duty of the licensing authority in taking steps necessary to promote the licensing objectives in the interests of the wider community and not those of the licence holder.

 

The Licensing Officer explained that the PLH was first granted a licence on 29 December 2012. On 24 May 2023 a hearing of the Licensing Act 2003 Sub-Committee was held to determine whether to suspend or revoke that licence. This was following the licence holder’s conviction at Preston Crown Court on 15 June 2021 for an offence of Theft by Employee. The sub-committee decided to suspend the licence for a period of six months.

 

On 8 July 2024 the licence holder notified the authority that he had been convicted at Burnley Crown Court on 3 July 2024 for an offence of putting people in fear of violence. The PLH was sentenced to twelve months imprisonment, suspended for eighteen months.

 

The Licensing Officer advised that on the 1 August 2024, in accordance with Chorley Council’s Scheme of Delegation, and in consultation with the Chair of the Licensing and Public Safety Committee, a decision was taken for the authority to consider suspending or revoking the personal licence.

 

Attempts were made with the Crown Court to establish whether the licence holder had informed the court of his personal licence. No records were able to be provided, but the licence holder stated he did inform the court.

 

The Licensing Officer outlined the factors members must take into account, and the options available to them.

 

The PLH addressed the committee and explained that he was given a suspended sentence for harassment and referred members to the detailed letter he had submitted. The PLH explained the event had no bearing on businesses he had ran before, and he had deep regret over the situation. The PLH explained that a change of career would be difficult for him, and working as a PLH was how he supports his family. He had not run a pub for two years but would like to get back into it.

 

In response to questions from the sub-committee, the PLH gave the following answers:

 

  • The offence took place in February 2024, at which point the suspension on his licence had lapsed.
  • The PLH regretted what had happened, it was out of character, and he did not have a previous history of threats or violence. He had to give up his business and lost his family, which put a strain on him. It was his belief he had a breakdown.
  • Whilst on probation, the PLH initially checked in weekly, however this was reduced to monthly.
  • The incident was an isolated incident  ...  view the full minutes text for item 24.14