LICENSING SUB COMMITTEE 19th JUNE, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held in County Hall, Mold on Monday, 19th June, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors A.G. Diskin and J.F. Jones. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Solicitor (Mr. Damian Gaskell), Committee Administration Manager and Licensing Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVE Sgt. Colin Jones - North Wales Police. APPLICANT / AGENTS Mr. Ian Heard accompanied by Mr. Colin Burns (his Employer). 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 the Personal Application received from Ian Heard. 3. THE APPLICATION An Application for a personal licence had been submitted by Mr. Ian Heard. The Sub Committee was informed that on the 27th March 2001, Ian Michael Heard was convicted of 14 counts of theft by an employee. He was sentenced to five months imprisonment to run concurrently, a confiscation Order made to the value of £10,480.00, forfeiture of a vehicle (BMW) and travellers cheques. Theft by employee was a relevant offence under the Licensing Act 2003. 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 DOCUMENTATION An objection notice had been received from North Wales Police and was attached as Appendix 2 to the report. 6. SUBMISSION OF DOCUMENTARY 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 20 minutes to speak. 8. PRESENTATION BY THE APPLICANT Mr. Heard explained to the Sub Committee why he wished to become a registered licensee. He expanded upon his current personal circumstances and explained the background to the offence. In making his comments Mr. Heard had indicated the wide experience he had gained in the licensing trade in the intervening period. The Chairman asked Mr. Heard to expand upon his background and the circumstances relating to his offence and to explain why he felt that the Sub Committee should grant him his licence. Mr. Heard provided full details of the offence, the subsequent sentence and how the offence had occurred. Mr. Heard also provided further information upon his work experience since that time and this was supported by his employer for a number of years, Mr. Burns. 9. REPRESENTATIONS BY NORTH WALES POLICE In presenting his evidence Sgt. Jones reported that Mr. Heard had one conviction in respect of 14 counts of theft for which he received a Custodial Sentence, Confiscation Order and Forfeiture in 2001. Sgt. Jones explained that the conviction was unspent and related to a relevant offence under the legislation. The single conviction related to a repeated pattern of relevant offences over the period of several months in 2000. It was submitted that under Section 120 of the Licensing Act 2003 that the grant of a Personal Licence to an applicant with such a conviction and who sought to be responsible for the running a licensed premises may be contrary to crime prevention under the Licensing Objectives. Sgt. Jones submitted that the grant of a Licence should be given consideration by the Licensing Committee under the provisions of Section 120. Sgt. Jones also confirmed that he did not disagree with any of the comments made by Mr. Heard in relation to the offence. 10. QUESTIONS BY THE SUB COMMITTEE Mr. Heard and Mr. Burns clarified minor points raised by the Sub Committee. 11. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, Solicitor and the Clerk. 12. DECISION The Sub Committee agreed to grant the licence to Mr. Heard. In making this decision the Sub Committee were impressed by the honesty and frankness of Mr. Heard in presenting his evidence. They also acknowledged the efforts he had made since the conviction to work hard to take the relevant training to gain useful employment. The Sub Committee noted the support he had received from colleagues during that period. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 19th June, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 760 -
