LICENSING SUB COMMITTEE 3RD APRIL, 2006 Minutes of the meeting Licensing Sub Committee of Flintshire County Council held on Monday, 3rd April, 2006 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A.Sharps (Chairman) Councillors A.G. Diskin and P.J. Walkden. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Solicitor (Mr. Damian Gaskell), Principal Administration Officer and Licensing Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVE Sgt. Colin Jones - North Wales Police. APPLICANT Mr. P.J. Lumby. 1. DECLARATIONS OF INTEREST (including Whipping Declarations) None were received. 2. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Sub Committee considered the report of the Director of Environment & Regeneration which was presented by the Licensing Officer in respect of a personal application received from Mr. Peter Lumby. 3. THE APPLICATION - Peter Lumby An application for a Personal Licence (new) had been submitted by Peter Lumby. The Sub Committee was informed that on the 26th July, 2004 the applicant was convicted of a Section 39 Assault. He received a twelve month Community Rehabilitation Order as well as being ordered to pay £150 compensation and £150 costs. Section 39 was a relevant offence under the Licensing Act 2003 and because of this the application was copied to the North Wales Police. 4. BACKGROUND The Sub Committee was informed that the applicant had followed the correct procedure and all the relevant notices had been served. 5. NOTICES AND SUPPORTING DOCUMENTS An Objection Notice had been received from North Wales Police and was attached as Appendix 2 to the report. 6. SUBMISSION OF DOCUMENTORY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicant confirmed that he had no additional information to submit. (b) The representative of North Wales Police indicated that he had no further information to submit at this stage. (c) Both parties requested the opportunity to cross-examine if necessary. 7. HEARING AND DETERMINATION OF THE APPLICATION The Chairman advised that the Sub Committee would proceed to hear and determine the application in accordance with the Licensing Objectives and that each party would be granted up to twenty minutes to speak. 8. PRESENTATION BY THE APPLICANT Mr. Lumby explained to the Sub Committee why he wished to become a Licensee. He expanded upon his current personal circumstances and family commitments and explained that this would be an employment opportunity to assist him in meeting his responsibilities. Mr. Lumby also explained and detailed the circumstances relating to his Section 39 conviction. 9. REPRESENTATIONS BY NORTH WALES POLICE In presenting his evidence Sgt. Jones reported that Mr. Lumby had a declared conviction for Section 39 assault in July 2004. This was an unspent conviction for a relevant offence under Schedule 4 of the Licensing Act 2003, as amended. The Sub Committee was informed that objection was made to the above application on the grounds that the grant of a Personal Licence my defeat the crime prevention objective. Sgt. Jones explained that the grant of a Personal Licence would enable the applicant to become a Designated Premises Supervisor at a licensed premises. He suggested that the post of Designated Premises Supervisor was not consistent with an applicant who held an unspent conviction for a designated ‘violent offence’ and may reasonably lead to the commission of a further offence which was contrary to the above objective. 10. CROSS EXAMINATION AND QUESTIONS Mr. Lumby confirmed that he had no questions to ask Sgt. Jones and Sgt. Jones that he had no further questions to ask Mr. Lumby. 11. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee members, Solicitor and the Clerk. 11. QUESTIONS BY THE SUB COMMITTEE The Chairman sought clarification from Sgt. Jones on the significance of a Rehabilitation Order when a conviction became spent and removed from the records. The Chairman asked Mr. Lumby a series of further questions relative to the assault and the circumstances appertaining to it. Mr. Lumby responded with a detailed account of the events none of which were disputed by Sgt. Jones. The Chairman also enquired of Mr. Lumby’s employment history and if he had experience in the licensing trade. Mr. Lumby provided the information and advised of his experience in assisting people in the licensing trade. He also confirmed that he has registered with a Brewery and had been offered premises to manage but because of the current circumstances relating to his application for a Personal Licence he was unable to accept those offers. Mr. Lumby also expanded upon his future family commitments. Mr. Lumby and Sgt. Jones also clarified other issues raised by Members of the Sub Committee. 12. DECISION The Committee agreed that due to the compelling personal circumstances of the applicant the application be granted. However the Chairman indicated to the applicant that in making this decision the application was open to review by the Sub Committee at any time and that they would have no hesitation in doing this if they felt it was necessary. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 3RD APRIL, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 744 -
