Agenda and minutes

Councillor Hetherton was appointed as Chair for the meeting.

There were no declarations of interest.

To consider whether to exclude the press and public for the item of private business.

RESOLVED that, under Section 1004(A) of the Local Government Act 1972, the public be excluded from the meeting for the item of business below (Licensing Act 2003 – Application for a personal licence) on the grounds that those items involve the likely disclosure of exempt information, as defined in Schedule 12A of that Act, in particular those paragraphs of Part 1 of the Schedule.

To consider an application for a Personal Licence

Note: The applicant and their representative have been invited to attend the

  hearing.

  Persons who have made representations have been invited to attend.

The City Council’s Statement of Licensing Policy is available on the Council’s website. Alternatively, please contact us if you require a hard copy.

The Licensing and Regulatory Sub-Committee considered an application for a new personal licence.

The Applicant had submitted an application for a personal licence on 28 March 2018 under Section 117 of the Licensing Act 2003.  Under section 120(2)(d) the application could not be determined by Licensing Officers as the Applicant had been convicted of a relevant offence on 19 February 2018 for driving a motor vehicle with excess alcohol on 27 October 2017.  The Police had provided the Authority with an objection notice (which had not been withdrawn) stating that the granting of the personal licence to the Applicant would undermine the crime prevention objective as the conviction of 19 February 2018 was not spent in terms of conviction and the disqualification from driving. 

The Authority was thereafter required to hold a hearing to consider the objection received.

The Licensing Officer presented the report in relation to the application for the grant of a personal licence.  The Licensing Officer confirmed that the rehabilitation period for the drink driving disqualification period was 5 years once the ban was lifted.  The rehabilitation period for the community order is 12 months from the date of conviction.  It was noted that the Applicant could reduce the driving disqualification period by undertaking a relevant driving course which in effect could reduce his disqualification by 22 weeks (ie. 1 week for each month of disqualification).

The Applicant confirmed when making representations that he had made a silly mistake and had to pay the price for it now.  He acknowledged that the Sub-Committee could give him a personal licence or refuse the application and he would have to accept this.  He advised in terms of his conviction that he was at a family wedding for the day on 27 October 2017 and that he had been drinking all day.  The Applicant confirmed when questioned that he had started drinking at about 1pm on 27 October 2017 and that he had got anxious and although it was silly decided to leave the wedding and picked up his car keys and drove.  The Applicant was unable to confirm how much drink he had consumed at the time nor could he remember what the alcohol readings were at the time of the incident.  It was confirmed by the Applicant that he was a gin drinker and further that he had been drinking gin and wine (provided at the table) throughout the day before he left the wedding.  It was noted that the driving disqualification given of 22 months inferred that the alcohol in the applicant’s system was extremely high when considering the sentencing guidelines for Magistrates.  The Applicant confirmed that he was breathalysed on 2 occasions once at the time of the incident and also later at the police station.  He confirmed that both breathalysers were not working and as a consequence a urine specimen was taken from him. He did not recall the exact reading however now believed that it was about twice the amount allowed.  ...  view the full minutes text for item 9.

To consider any other items of business which the Chair decides to take as a matter of urgency because of the special circumstances involved.

There were no other items of business.