Agenda and minutes

To approve as a correct record the minutes of the meeting held on 3 May 2023.

The minutes (copies of which had been circulated) of the meeting held on 3 May 2023 were approved as a correct record and signed by the chair.

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

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

No interests were declared.

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).

No public questions were submitted.

To consider whether it is in the public interest to exclude the public during consideration of agenda item 5 ‘Licensing Act 2003: to consider a personal licence’ as the report and appendices contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005, and where the public interest in maintaining the exemption outweighs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.

RESOLVED - That the press and public be excluded from the meeting for consideration of agenda item 5 ‘Licensing Act 2003: to consider a personal licence’ as containing information ‘not for publication’ in accordance paragraphs 1 and 2, Schedule 12a of the Local Government Act 1972 (containing information relating to an individual or likely to reveal the identity of an individual).

To consider a report of the Director of Place Management.

The reports details information as to a personal licence and asks that the Sub Committee consider whether to revoke or suspend the personal licence.

The Sub Committee is recommended to consider revocation or suspension of the personal licence.

Officer contact: Sarah Tooth 07800618213 | sarah.tooth@stockport.gov.uk

A representative of the Director of Place Management submitted a report (copies of which had been circulated) requesting that the Sub Committee 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 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 provided them with the opportunity to make relevant 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. The licence-holder had both failed to notify the Licensing 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 absence of the licence-holder.

The Sub Committee, having heard all of the evidence, proceeded to consider the prevention of crime and disorder, public safety and the protection of children from harm licensing objectives in respect of the application, together with the relevant parts of Stockport Council’s Licensing Policy and guidance from the Department for Culture, Media & Sport. 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 relevant offence, the Sub Committee determined that the personal licence should be revoked on the grounds that to continue to allow the licence-holder to hold a personal licence would undermine the prevention of crime and disorder, public safety and protection of children from harm licensing objectives; and the nature of the offence was so serious that suspension was not a reasonable alternative sanction.