Agenda and minutes

Licensing Sub-Committee
Monday 11th November, 2019 2.00 pm

Venue: Council Chamber, Wallfields, Hertford. View directions

Contact: Peter Mannings  Tel: (01279) 502174 Email:  peter.mannings@eastherts.gov.uk

Items
No. Item

32.

Appointment of Chairman

Minutes:

It was proposed by Councillor R Bolton and seconded by Councillor C Wilson that Councillor D Andrews be appointed Chairman for the meeting.  After being put to the meeting, and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that Councillor D Andrews be appointed Chairman for the meeting.

33.

Exclusion of Press and Public

To move that under Section 100(A)(4) of the Local Government Act 1972 the press and public be excluded from the meeting during discussion of item 7 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the said Act of the following description:

 

1.  “ Information relating to an individual”.

Minutes:

Councillor D Andrews proposed, and Councillor C Wilson seconded, a motion to exclude the press and public under the relevant legislation.  After being put to the Sub-committee and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that pursuant to Section 100 (A) (4) of the Local Government Act 1972 as amended, the press and public be excluded during consideration of the business referred to in Minute 34 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 said Act.

34.

Application for a Personal Licence - Applicant with relevant convictions

Please note that the report and essential reference papers contains exempt information and is not for publication

Minutes:

In response to a question by the Chairman, the applicant confirmed she had been sent a full copy of the report, but as she had not brought the papers with her, she was provided with a copy.  The Chairman outlined the procedure to be followed.  All those present were introduced.

 

The Senior Licensing and Enforcement Officer summarised the application which had been submitted, which was for a personal licence to sell or authorise the sale of alcohol from premises in respect for which there was a premises licence.  The details contained in the Basic Disclosure submitted showed that the applicant had been convicted of a number of offences.  The offences were relevant offences as defined by schedule 4 of the Licensing Act 2003. 

 

The Senior Licensing and Enforcement Officer drew Members’ attention to the fact that where an applicant for a personal licence had a conviction for a relevant offence or a conviction for a foreign offence, the Licensing Authority was required to notify the Police, as a Responsible Authority.  A valid objection from the Police had been received, which had necessitated the hearing being convened.  The Senior Licensing and Enforcement Officer advised the Sub-Committee that they should consider whether the applicant had provided evidence which could be taken into account in determining whether the crime prevention objective would be undermined by granting the licence.

 

The Chairman invited the applicant to ask questions.  She confirmed she did not wish to ask questions.  The Chairman invited her to make representations.

 

The applicant said she appreciated the serious nature of her offences, and gave a summary of her current circumstances.  She said in conclusion, that she wished to move on with her life, and asked that Members grant her the personal licence. 

 

In response to Members’ questions, the applicant summarised her current circumstances regarding supervision, but confirmed that her supervising officer had not submitted any representations in support of this application. 

 

In response to further questions, the applicant said she would not re-offend, and described her current employment at licensed premises.  She confirmed she wished to progress to a higher role with her employer.  She answered a number of questions regarding the responsibilities of a licence holder. 

 

The Police representative confirmed she had no questions, and gave a statement explaining the Police objection to the application. 

 

In response to Members’ questions, the Police representative explained that they as a Responsible Authority were not satisfied the applicant would be able to uphold the licensing objectives, and considered she was not a suitable person to hold a licence in view of her convictions.  In conclusion, the objection was as stated in the written representation the Police had submitted. 

 

The Legal Services Manager confirmed that it was appropriate for the Sub-Committee to consider the application. 

 

At the invitation of the Chairman, the applicant confirmed she had no questions for the Police and did not wish to challenge any aspect of what had been said.  She said she simply wished to progress her career to the  ...  view the full minutes text for item 34.