Agenda and draft minutes

Licensing Hearing Panel
Monday, 8th July, 2019 1.00 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Andrea Tomlinson  01615235133

Items
No. Item

1.

DECLARATIONS OF INTEREST

Members of the Licensing and Hearings Panel are asked to consider whether they have an interest in any of the matters on the agenda and if so, to formally declare that interest.

Minutes:

No declarations of interest were made in relation to any items considered at the meeting.

 

2.

APPLICATION FOR A PERSONAL LICENCE pdf icon PDF 280 KB

Report attached

Minutes:

Prior to the Hearing, the licensing authorityreceived an objection pursuant to section 182 of the Licensing Act 2003, from a Responsible Authority, namely Greater Manchester Police (GMP) request that the Licensing Authority refuse the application due to the Applicant being convicted of an offence that is not conducive to the promotion of the ‘Prevention of Crime and Disorder’ licensing objective.

 

               On 29 May 2019 the Licensing Authority received an application for a Personal Licence. As part of the application process the applicant declared the following conviction:

              

Details of Offence

Conviction Date

Convicting Court

Sentence

In charge of a mechanically propelled vehicle whist unfit through drink or drugs (drink).

18/04/2019

Greater Manchester Magistrates

Fine  - £110

Victim Surcharge - £30.00

Costs  - £85.00

Driving licence endorsed 10 penalty points

 

 

               The Licensing Manager produced a report that went on to explain that GMP, as a Responsible Authority, had made representations in relation to the application as the Applicant has a relevant offence as defined at Section 113 of the Licensing Act 2003, Schedule 4, paragraph 14 (b), in that she has been convicted of an offence under the Road Traffic Act 1988. GMP asked that the application be rejected, as its grant would undermine the crime prevention objective.    

 

The Panel heard oral representations from the Applicant.

 

The Panel asked questions of the Applicant. All parties were offered the opportunity to question the Applicant.

 

The Panel heard oral representation from GMP.

 

The Panel asked questions of the GMP. All parties were offered the opportunity to question the GMP.

 

Findings:

 

1. The Applicant is employed as a bar manager in a bar in Manchester City Centre.

 

2. To progress her career further, it is a company requirement that the Applicant holds a personal licence.

 

3. The Applicant was guilty of the offence for which she was convicted but that it had been a lapse in judgement.

 

4. At the time the Applicant committed the offence she was sat in the car in a car park and her car was stationary.

 

5. The Applicant had no intention to drive the vehicle but had the key in the ignition in order to switch the heating on as it was cold.

 

6. The Applicant was sat with a friend who was telephoning a taxi.

 

7. The offence was of a serious nature but the Applicant showed remorse and stated she no longer drove.

 

8. The Applicant had no other convictions.  

 

               Delegated decision:    

 

All of the evidence was considered with care and it was established that having understood the Application and equally understanding the representations made, on balance, the Panel found there were no causes for concern so far as the promotion of the licensing objectives were concerned.

 

It was agreed unanimously, to grant the application for a Personal Licence.