Decision:
DETAILS OF APPLICATION
Application for a personal licence made under section 117 (1) (a) of the Licensing Act 2003 (“the Act”).
Background
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:
The applicant’s criminal record check indicates that he has been convicted of a relevant offence as defined by Schedule 4 of the Act, namely an offence contrary to s.5 (1) (b) of the Firearms Act 1968, which has yet to be spent 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. The basis for an objection is that the applicant has an unspent relevant conviction, along with other convictions that concern the Police in terms of someone who seeks to obtain a personal licence, and potentially then manage a licensed premises.. The Police consider that it would not be appropriate to grant a personal licence such a relatively short time after the offences, when it is unknown whether rehabilitation has been achieved. The Police are satisfied that granting the License would undermine the Crime Prevention Objective.
Determination of Application
Consequent upon the hearing held on 4 March 2013 the Sub-Committee’s decision regarding the application for a Personal Licence for 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 applicant stated that he had a drug problem which he was recovering from and that the more recent drug offences were during a time when his partner was abroad and he relapsed. The Sub Committee was informed that the applicant had now been free of drugs for about a year, he has been attending counselling and group sessions. He was also running a business with a partner buying and selling French fine wine, and was looking to begin exporting British wine to China. The business now had plans to open a wine bar in Shoreditch, hence this application, but if a personal licence were not granted, it will not detrimentally affect this venture, or the applicant’s business generally.
With regard to the offence under the Firearms Act, the applicant stated that it was linked to his drug use in that it was for his protection when going into more dangerous areas to purchase drugs. The applicant stated that it had been a hard twelve months, he now had more time for his family and business. He stated that he was fairly confident he was free from drugs now.
The Police maintained their objection, stating that it was still too soon to know, and that the offences are precisely those that raise concerns in terms of managing licensed premises’.
Decision
The Sub-Committee were appreciative of the applicant’s honesty and his efforts at rehabilitation, but understood the concern of the Police, given the relatively recent, and unspent relevant conviction. The Police were rightly concerned that this type of offending posed risks in the operation of licensed premises, and the Sub-Committee considered it appropriate for the promotion of the crime prevention objective to reject the application. While the applicant was clearly working towards complete rehabilitation, the circumstances were not sufficient for the Sub-Committee to be satisfied that there would not be a risk to the community were the licence granted.
Appeal
Any party to the decision or anyone who has made a relevant representation in relation to the application may appeal to the Magistrates Court within 21 days of notification of the decision. On appeal, the Magistrates Court may:
1. dismiss the appeal; or
2. substitute the decision for another decision which could have been made by the Sub Committee; or
3. remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and
4. make an order for costs as it sees fit.
Minutes:
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 4 March 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.