Agenda and minutes

There was no apologies for absence.

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item. If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

No interests were declared.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 1: Information relating to any individual.

The press and public were excluded for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 1: Information relating to any individual.

Report of the Legal Services Manager / Interim Monitoring Officer attached.

A Licencing Act 2003 panel hearing was reconvened following on from an initial hearing held on the 18 December 2018. At the initial hearing the Licencing Panel decided that they were not minded to revoke the personal licence. In accordance with regulations the Police had to be consulted to allow the Police the opportunity to make any representations on this “minded to” decision.

Mr Marshall, Head of Licensing for the council, provided that the Policing and Crime Act 2017 gave licensing authorities the power to revoke or suspend personal licences, with effect from 6 April 2017 for all relevant offences. This is a discretionary power.

During the initial panel hearing on the 18 December, the Personal Licence Holder had explained that he had provided his personal licence to Preston Magistrates Court at the first hearing. The matter was adjourned to Chorley Magistrates Court and he never received his personal license back.

The Head of Licensing provided that the Police had now been contacted advising them of the case and outcome.

As no response was received by the Police. It was now for the Panel to decide what if any action was required.

In reaching its decision the Panel took into account the following:

1.    Both written and oral evidence presented in connection with the hearing

2.    The Licensing Act 2003

3.    S182 Revised Guidance of the Licencing Act 2003

Resolved (Unanimously)

The Panel had noted that the Personal Licence Holder had been unable to work in the trade for 12 months and it was accepted that it was the Personal Licence Holder who had volunteered the information about the conviction to the Licensing Authority. The Personal Licence Holder had shown remorse and it was noted that he had no previous convictions. Although the conviction was a relevant offence, the panel were of the view that a warning would be an appropriate sanction, in the circumstances.

All parties to the hearing, have a right to appeal the decision to the Magistrates Court within 21 days.