Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Monday, 4th September, 2017 6.00 pm

Venue: Room 206, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 50 KB

To approve as a correct record and sign the Minutes of the meeting held on 16 August 2017.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 16 August 2017 were approved as a correct record and signed by the Chair.

2.

Declarations of Interest

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Minutes:

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

 

No declarations were made.

3.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public interest to exclude the public during consideration of agenda items 5 (Licensing Act 2003: Application for the Revocation of a Personal Licence) as the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

RESOLVED – That the public be excluded from the meeting during the consideration of agenda item 5 – ‘Application for the Revocation of a Personal Licence’  to prevent the disclosure of information relating to an individual in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005.  It would not, on balance, be in the public interest to disclose this information because disclosure of the personal information would not be fair to the applicant and would breach their data protection rights and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

4.

Public Question Time

Members of the public are invited to put questions to the Chair and members of the Sub-Committee on any matters within the powers and duties of the Sub-Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting).

Minutes:

No public questions were submitted.

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.

 

Officer contact: Sarah Tooth on 0161 474 4176 or email: sarah.tooth@stockport.gov.uk

Additional documents:

Minutes:

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.