Issue - meetings

RESOLVED:

That the application be refused as the applicant was not considered  to be a fit and proper person to hold a Personal Licence as defined within the Licensing Act

2003 for the following reasons:

·         drink driving was a relevant conviction and the Rehabilitation period had not expired;

·         whilst the Applicant showed genuine remorse and was open and honest about the circumstances of the offence the Sub-Committee considered it to be both serious and recent, having been committed in November 2021;

·         the Sub-Committee took into account the submissions of North Wales Police that granting the Application would undermine the crime prevention objective and did not consider that the Applicant had sufficiently demonstrated otherwise;

·         given the above, the Sub-Committee was of the view that the Crime Prevention Objective would be undermined if the licence was granted.

HEARING AND DETERMINATION OF THE APPLICATION

The Chair welcomed the applicant and introduced the panel members.

4.         CONDUCT OF A PRIVATE HIRE/HACKNEY CARRIAGE (JOINT) DRIVER

The Licensing Officer presented the report to consider an application for a Personal Licence under the Licensing Act 2003.  The requirements for a Personal Licence are prescribed by Part 6 of the Licensing Act 2003 and were listed in the report.  Schedule 4 of the Licensing Act 2003 lists relevant offences appropriate to an application for a Personal licence.

The Licensing Officer advised that the applicant had disclosed a relevant offence which was not considered spent under the Rehabilitation of Offenders Act 1974 (c.53), and had provided his Disclosure and Barring Service Basic

certificate confirming this.  She explained that where an applicant had a relevant offence which was not considered spent, the Licensing Authority must serve notice on the Chief Officer for North Wales Police to inform of this fact.  If the Chief Officer was satisfied that granting the licence would undermine the crime prevention objective North Wales Police must give the Licensing Authority a notice stating the reasons why (an “objection notice”).  North Wales Police gave notice of the objection to this application which was received on 15July 2022. Having regard to the representation from North Wales Police the Licensing Sub Committee was asked to make the following determination:

(a)       reject the application if it considers it necessary for the promotion of the

crime prevention objective to do so, or

(b)       grant the application in any other case.

The Chair invited the applicant to speak in support of his application.

Prior to the applicant addressing the Committee a representative of Hospitality Training Solutions spoke in support of the applicant.  He said he was a hardworking and upstanding member of the local community and would promote the licensing objectives. 

The applicant spoke of his remorse for his actions which had resulted in a conviction.  He explained he had behaved out of character and that the conviction was his first and only offence.  He commented on his sentence and explained that this would be reduced following completion of a relevant course.  He was currently undertaking the course which he found to be informative and helpful.  He thanked the Committee for allowing him the opportunity to explain his circumstances.    

The Chair invited the North Wales Police Licensing Officer to explain the reasons for the ‘objection notice’ to the application.  The Licensing Officer advised that the offence committed was a relevant offence under the Licensing Act 2003 and under the Rehabilitation of Offenders Act 1974 the applicant’s conviction was not yet spent.  It was considered that the grant of a Personal Licence would defeat the Crime Prevention objective and the actions of the applicant were not compatible with the responsibilities of a Designated Premises Supervisor.

The Chair permitted the Council’s Solicitor to ask questions of the parties. 

The Solicitor questioned the applicant about the circumstances of his  offence   The applicant provided details of the circumstances, and  ...  view the full minutes text for item 3