Agenda and minutes

Licensing Act 2003 Sub-Committee - Wednesday, 9th October 2019 3.30 pm

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Venue: Committee Room 1, Town Hall, Chorley

Contact: Philippa Braithwaite  Email: philippa.braithwaite@chorley.gov.uk

Items
No. Item

19.93

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 interests received.

19.94

Procedure pdf icon PDF 44 KB

General procedure points and hearing procedure for the meeting.

Minutes:

The procedure was noted.

19.95

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:

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.

19.96

Determination of whether to consider revoking or suspending a Personal Licence

Report of the Director of Customer and Digital.

Additional documents:

Minutes:

The Sub-Committee considered a report which advised that a Personal Licence Holder had been convicted of a relevant offence after the grant of the licence and asked Members to determine whether to consider revoking or suspending the licence.

 

The Enforcement Team Leader for Licensing advised the Licence Holder was granted a Personal Licence pursuant to Section 120 of the Licensing Act 2003 on 9 December 2014. On 14 August 2019 he was convicted of a relevant offence, namely driving with alcohol level above the legal limit. Members noted that he notified the Authority of this conviction on 2 September 2019.

 

After careful consideration of the report and having regard to the guidance issued under S182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Licensing Act 2003 Sub-Committee RESOLVED to consider revoking or suspending the licence and instruct the licensing team to issue a notice to the licence holder inviting representations to be made within 28 days. Following this, the Sub-Committee will decide whether to suspend or revoke the licence.

 

Members came to this decision as this was a relevant offence, and felt the details contained in the Personal Licence Holder’s statement warranted further investigation and consideration.