5 Licensing Act 2003: Application for the Revocation of a Personal Licence
To consider a report of the Corporate Director for Place Management & Regeneration.
The report requests that the Sub-Committee gives consideration to the revocation or suspension of apersonal licence following a conviction for a relevant offence as set out in Schedule 4 of the 2003 Act.
The Sub-Committee is recommended to consider the application.
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A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) requesting that the Sub-Committee to consider the suspension or revocation of a personal licence following the licence holder’s conviction for a relevant offence.
In accordance with Section 132A of the Licensing Act 2003, the Licensing Authority was notified by Greater Manchester Police that the personal licence holder had been convicted of a relevant offence as is defined in Schedule 4 of the Act.
It was noted that the Licensing Authority had served 28 days’ notice on the personal licence holder that it was considering the suspension or revocation of the personal licence and providing them with the opportunity to make written representations; however no such representations had been made in advance of the hearing. The personal licence holder was also provided with the opportunity to attend the hearing and make any such representations in person, but had both failed to notify the Authority of their intention to attend the hearing, or subsequently attend the hearing to make such representations.
In accordance with the provisions of Section 20(2) of the Licensing Act 2003 (Hearing) Regulations 2005, the Sub-Committee agreed to continue to hold the hearing in the party’s absence.
The Sub-Committee, having heard all of the evidence, proceeded to consider the prevention of crime and disorder licensing objective in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport. However, the decision was reached on consideration of all the arguments given in relation to this specific application.
It was then
RESOLVED - That having heard all the evidence presented, and having considered the licence holder’s relevant and recent conviction for a serious criminal offence, the Sub-Committee has determined that the personal licence held by Mr Peter James Attwood should be revoked on the ground that to continue to allow Mr Attwood to hold a personal licence would undermine the prevention of crime and disorder licensing objective; and the nature of the offence was so serious that suspension was not a reasonable alternative sanction.