Application for a Personal Licence
- Meeting of LICENSING SUB-COMMITTEE, Wednesday, 31 October 2018 1.00 p.m. (Item 10.)
- View the reasons why item 10. is restricted
To determine an application for a personal licence, made under the Licensing Act 2003, to which an objection from the Police Licensing Officer has been received.
The Sub-Committee considered the report of the Head of Public Protection which asked Members to determine an application for a Personal Licence, made under the Licensing Act 2003, to which an objection had been received from Bedfordshire Police.
The Licensing Compliance Officer introduced the report and advised the Sub-Committee that in response to the application being received, an objection had been made by Bedfordshire Police on the grounds of Licensing Objective 4: protection of children from harm.
There were no questions or points of clarification from the panel.
The applicant was invited to make representation and he advised the Sub- Committee that the personal licence was a requirement of his current employment as a Sales Manager with a hotel chain and that he had not breached any of the conditions in relation to the offence in 2014.
A Member of the Sub-Committee asked if the employer had provided anything to confirm that a personal licence was required for the role but the Applicant stated no but that the employer were aware of the conviction.
In response to a question about the Designated Premises Supervisor (DPS), the Sub-Committee were advised that his mother was the DPS at his previous employer.
A further question was asked with regards to the reporting restrictions and it was noted that these only referred to leaving the country.
The Licensing Compliance Officer for CBC asked a question with regards to a recent conviction and it was noted that this had been for a fly-tipping offence in 2018 to which the applicant had pleaded guilty.
The Chairman asked if any witnesses were to be called and it was confirmed that no witnesses were to be called by the applicant, the Licensing Compliance Officer or the Licensing Officer for Bedfordshire Police.
The Licensing Officer for Bedfordshire Police presented their case and advised the Sub-Committee that the offence in question had been a custodial sentence and the earliest date that an application for a personal licence could be made would be 7 May 2019. It was also noted that restrictions were in place and that if this licence were to be granted, it would be fully portable and could be used by the Applicant at other venues.
The Chairman asked those present if they wished to add anything further and a period was allowed for summing up.
There being no further questions or points of clarification, the Chairman adjourned the Sub-Committee at 13.25 to make its decision in private. The Council’s legal representative remained with Members in the meeting room to advise as necessary. The hearing re-convened at 13.46, when the Sub-Committee had finished its deliberations and could announce its decision.
Following consideration of the information before it, the Sub-Committee decided that the application for a Personal Licence be refused.
In coming to its decision, the Sub-Committee took into account the following:-
· The Licensing Act 2003
· The Secretary of State’s Amended Guidance issued under Section 182 of the Licensing Act 2003 in June 2013
· Central Bedfordshire Council’s Statement of Licensing Policy
· The merits of the application and the representations received including the objection made by Bedfordshire Police.
The LGSS representative informed the Hearing that the Decision Notice would be issued within 5 working days. The Applicant was also advised of the right of appeal to the Magistrates Court within 21 days of the date on which they are notified of the decision.