Agenda and minutes

Councillor Bardoe was proposed, seconded and duly elected Chairman of the meeting.

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or Managing Director.

There were no declarations of interest.

There were no urgent items for the Sub - Committee to consider.

The Chairman introduced Members present and called upon others present to identify themselves.  He then explained to the parties that the Sub-Committee intended to follow the procedure detailed in the Licensing Sub-Committee Rules of Procedure, circulated as item 6 to the agenda.

It was reported by the Licensing Manager that the applicant was not present and that no further information in support of the application had been received.

The Licensing Manager gave details of her telephone conversations with the applicant since notice of the hearing had been issued,

The Sub - Committee received advice from the Legal Advisor on the provisions of Regulation 20 of the Licensing Act 2003 (Hearing Regulations) 2005 which deals with the circumstances where a party does not attend the hearing. If a party has informed the authority that they do not intend to attend or be represented at a hearing, the hearing may proceed in their absence. If a party who has not so indicated fails to attend or be represented the authority may, where it considers it to be necessary in the public interest, adjourn the hearing to a specified date or hold the hearing in the party’s absence.

In the absence of the applicant the Sub - Committee considered the circumstances of the non attendance and

RESOLVED

That the application be heard in the absence of the applicant.

TO RESOLVE: That, under Section 100A(4) of the Local Government Act 1972 (as amended), the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information.

The Sub Committee resolved under the provisions of Section 100A (4) of the Local Government Act 1972 (as amended) to exclude the press and public for the following items of business on the grounds that the discussion was likely to involve the disclosure of exempt information.

The Licensing Manager presented a report on an application for a personal licence. 

The report set out the process for application, the statutory provisions under which it should be considered and the details of the application itself.

It was noted that the Kent Police Service had objected to the granting of the Licence and the Chairman invited the Police Officers present to explain these objections.

PC Claire Cosser gave an outline of the terms of the Rehabilitation of Offenders Act 1974 to the Sub - Committee and referred Members to the list of unspent convictions revealed by the Basic Disclosure Report at Appendix B.

PC Cosser explained that the Police did not believe that the applicant should be granted a personal licence as a number of the convictions notified were not spent under the terms of the 1974 Act.

PC Cosser expanded on the convictions noting that they displayed dishonesty, a lack of respect for the law and the Police and that some were alcohol related.  All were indicators of the poor character of the applicant.

PC Christopher Cook presented further details of the applicant’s past dealings with the Police and suggested that these were an an indication indicative of the character of the applicant.

The Legal Advisor advised that in accordance with Section 114 of the Licensing Act 2003 any spent convictions must be disregarded by the Sub-Committee when determining the application, although the Sub-Committee could consider generally the representations from Kent Police regarding the character of the applicant.

It was also noted that the granting of a Personal Licence would enable an applicant to work as a Designated Premises Supervisor anywhere in England and Wales and local Police Officers may not be aware of the applicant’s past.

The Sub-Committee assessed the application against the licensing objective relating to the prevention of crime and disorder and found that the applicant had not demonstrated that they were of good character., The applicant had been convicted of offences that were linked to problems with alcohol, dishonesty and failure to comply with directions and these offences were unspent.  These convictions, together with the representations from the Kent Police as to the applicant’s character and approach to law and order, evidenced the applicant’s lack of good character over a number of years which was inconsistent with the role and responsibilities of the holder of a personal licence,

RESOLVED

That the application be refused on the basis that the Sub-Committee considers it appropriate to do so for the promotion of the licensing objective relating to the prevention of crime and disorder.

Copies of the relevant Appendices will be provided to Members just prior to the start of the meeting and should be returned to the Clerk to the sub Committee at the conclusion of the proceedings.