Agenda item

Licensing Act 2003 - Application for a Personal Licence

Report of the Chief Licensing Officer

Minutes:

4.1

The Chief Licensing Officer submitted a report to consider an application for a Personal Licence made under Section 117 of the Licensing Act 2003 (Case No. 41/16).

 

 

4.2

Present at the meeting were Benita Mumby (South Yorkshire Police, Objector), Clive Stephenson (Licensing Enforcement and Technical Officer), Marie-Claire Frankie (Solicitor to the Sub-Committee) and Jennie Skiba (Democratic Services).  The applicant did not attend the hearing and it was decided to hear the case in his absence.

 

 

4.3

Marie-Claire Frankie outlined the procedure which would be followed during the hearing.

 

 

4.4

Clive Stephenson presented the report to the Sub-Committee and it was noted that representations had been received from South Yorkshire Police and were attached at Appendix ‘B’ to the report.

 

 

4.5

Benita Mumby made representations on behalf of South Yorkshire Police, referring to the applicant’s offences and convictions.  She made specific reference to the fact that the applicant had been sentenced to serve time in a young offenders institute due to the seriousness of the crime.

 

 

4.6

In response to questions from Members of the Sub-Committee, Benita Mumby stated that as far as she was aware, the applicant had not attended any rehabilitation courses.

 

 

4.7

RESOLVED: That the attendees involved in the application for a Personal Licence be excluded from the meeting before further discussion takes place on the grounds that, in view of the nature of the business to be transacted, if those persons were present, there would be a disclosure to them of exempt information as described in paragraph 5 of Schedule 12A to the Local Government Act 1972, as amended.

 

 

4.8

Marie-Claire Frankie reported orally, giving legal advice on various aspects of the application.

 

 

4.9

At this stage in the proceedings, the meeting was re-opened to the attendees.

 

 

4.10

RESOLVED: That the application for a Personal Licence be rejected on the grounds that, in the light of the representations now made and the serious nature of the offences now reported, the Sub-Committee considered that granting a Personal Licence in this case (Case No. 41/16) would undermine the licensing objective to prevent crime and disorder.