Agenda, decisions and minutes

Application for a personal licence made under section 117 of the Licensing Act 2003.

Licensing Act 2003

Notice of Decision

DETAILS OF APPLICATION

Application for a personal licence made under section 117 (1) (a) of the Licensing Act 2003 (“the Act”).

Background

Under the Act, an applicant is required, should they wish to provide licensable activities after the second appointed day, to apply for a licence. This application for a personal licence was submitted in accordance with s.117 of the Act on the form prescribed for such an application. The applicant provided the appropriate documentation to support the application; these were:

• Level 2 Award for Personal Licence Holders licensing qualification
• disclosure of convictions and declarations
• criminal record check

The applicant’s criminal record check indicated that he had been convicted of relevant offences as defined by Schedule 4 paragraph 7 of the Act, namely five offences contrary to s.4(3) of the Misuse of Drugs Act 1971 and one offence contrary to s.5(3) of that same Act.  Due to the level of sentencing these convictions remain unspent under the Rehabilitation of Offenders Act 1974.

Details of Representations

Responsible Authorities

Chief Officer of Metropolitan Police (“the Police”):

Under the Act, the Police are the only responsible authority permitted to make representation related to the granting of a personal licence. PC Jason Rose, Havering Borough Police Licensing Officer, submitted an objection notice against this application in accordance with s.120 (5) of the Act on 11 July 2013.  The objection notice is based upon Police satisfaction that granting a personal licence to the applicant would undermine the crime prevention objective.  PC Rose’s objection notice goes on to expand upon his concerns in relation to the application.

Determination of Application

Consequent upon the hearing held on 8 August 2013 the Sub-Committee’s decision regarding the application for a Personal Licence by the applicant is as set out below, for the reasons shown:

The Sub-Committee was obliged to determine this application with a view to addressing the objections raised by the Police.

In making its decision, the Sub-Committee also had regard to the Guidance under Sections 120 (3); 182 and Schedule 4 (Personal Licence: Relevant Offences) of the Licensing Act 2003 and Havering’s Licensing Policy.

In addition the Sub Committee took account of its obligations under s17 of the Crime and Disorder Act 1998 and Article 1 of the First Protocol of the Human Rights Act 1998.

The Sub-Committee considered the representation of the Havering Police Licensing Officer that granting a personal licence to the applicant would undermine the crime prevention objective. The applicant concurrent sentence of 4 years imprisonment at Southwark Crown Court on 1 March 2007 was detailed to the subcommittee. It was explained that although this conviction was over 6 years ago, under the Rehabilitation of Offenders Act 1974 this conviction cannot be classified as spent due to the length of the custodial sentence.

The applicant was found to be supplying class A drugs, namely cocaine, on a number of occasions 16 September 2006, 30 September, 28 October and twice on 11 November 2006. He was also  ...  view the full decision text for item 1.

The applicant, his representative Mr John Brown, PC Jason Rose for Metropolitan Police and Havering Licensing Officer Paul Jones, were present as were the Legal advisor to the Sub-Committee and the Clerk.

The Chairman advised those present of action to be taken in the event of emergency evacuation of the Town Hall becoming necessary.

EXCLUSION OF THE PUBLIC

The Sub-Committee resolved to excluded the public from the meeting during discussion of the following item on the grounds that if members of the public were present it was likely that, given the nature of the business to be transacted, that there would be disclosure to them of exempt information within the meaning of paragraph 3 of Schedule 12A to the Local Government Act 1972 which could reveal information relating to the financial or business affairs of any particular person (including the authority holding that information) and it was not in the public interest to publish this information.

DETAILS OF APPLICATION

Application for a personal licence made under section 117 (1) (a) of the Licensing Act 2003 (“the Act”).

DETERMINATION OF APPLICATION

Consequent upon the hearing held on 8 August 2013 the Sub-Committee’s decision regarding the application for a Personal Licence. 

The Sub-Committee was obliged to determine this application with a view to addressing the objections raised by the Police.

In making its decision, the Sub-Committee also had regard to the Guidance under Sections 120 (3); 182 and Schedule 4 (Personal Licence: Relevant Offences) of the Licensing Act 2003 and Havering’s Licensing Policy.

In addition the Sub Committee took account of its obligations under s17 of the Crime and Disorder Act 1998 and Article 1 of the First Protocol of the Human Rights Act 1998.

Decision

The Sub-Committee in reaching a decision considered that the Police were right to be concerned that this type of offending posed risks in the operation of licensed premises and considered it appropriate for the promotion of the crime prevention objective to reject the application.

Certain issues discussed by the sub-committee are recorded in the exempt appendix to these minutes, which are not available to the Press or Public.