Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He stated that they were being asked to determine whether a Personal Licence should be revoked, having received a Police Notice requesting such revocation on behalf of The Chief Officer of Police.

The Police Licensing Officer addressed the Sub-Committee and stated that revocation of a Personal Licence was being sought due to the licensee having been convicted on three relevant offences under Section 113 and Schedule 4 of The Licensing Act 2003.

He informed the Sub-Committee that the licensee had also failed to tell the Court, when convicted, that he held a Personal Licence and had not informed the Licensing Authority regarding his convictions.

The Police Licensing Officer explained that the licensee was also the Designated Premises Supervisor (DPS) at four premises within B&NES.

The Chair asked if it was a criminal offence for the licensee to withhold that he was a Personal Licence holder from the Court.

The Police Licensing Officer replied that it was.

The licensee addressed the Sub-Committee and said that he was sorry for what he had done. He said that he now knows it was wrong to send a video to his friend, but stated that he had not actively search to find it in the first instance.

Councillor Toby Simon asked the licensee if he had completed his rehabilitation programme and series of meetings with his probation officer.

The licensee replied that he had and that they had concluded on 2^nd September 2024.

The Police Licensing Officer said that in his role as a DPS, information regarding the conditions of his licence should be kept on the premises. He asked the licensee if he was able to train his staff appropriately.

The licensee replied that he was and that he receives information from the Council about training online. He added that he does keep the conditions of his licence on the premises he runs.

The Chair stated that the licensee should be fully aware and know the responsibilities that come with holding his Personal Licence.

Councillor Toby Simon asked if the Licensing team had any notable interactions with the premises ran by the licensee.

The Public Protection Officer (Licensing) replied that there was a record of some anti-social behaviour in the locality of one of the premises, that there was no evidence of a refusal log, incident log or age restricted training at another, no complaints regarding one of the premises and one historical incident relating to test purchasing at another.

The Team Leader, Legal Services said that the Sub-Committee should consider whether or not this information was relevant when making their decision.

The Police Licensing Officer made a closing statement. He said that in order to hold a Personal Licence that person must be professional in their role and observe the four licensing objectives.

He stated that the Police believe that the licence should be revoked as the Court convictions undermine the prevention of crime and disorder and the protection of children from harm licensing objectives.

The licensee said that he had no further comments to make.

Decision & Reasons

Members have had to consider whether or not the licensee can continue to hold his personal licence under the Licensing Act 2003 in the light of a conviction for three relevant offences and a police notice requesting revocation of the personal licence. In doing so Members took account of the Licensing Act 2003, Statutory Guidance, Human Rights Act 1998 and the Council Statement of Licensing Policy.

Members heard from the licensee in oral representations who indicated that in respect of one of the offences a video had come up on Telegram, he had not searched for it, and he had shared it with his friend in America as he was surprised that this was what was happening in his country as a result of war. He went on to explain that in relation to the other offences, he had received images from his friends via WhatsApp and they had ended up saved on his phone. He acknowledged to Members his mistake and apologised for what he had done.

He appreciated now that he should not have sent the video, and he said he did not know much about the internet but he understands now that this video was on the black market and that people were doing these things without permission. The licensee explained to Members that his licensed premises had been his business and his job since 2010. If they revoke his licence, this is going to affect his business. He confirmed to Members that he had completed his rehabilitation activity requirement in relation to his court sentence, with the probation service.

Members heard from the Police Licensing Officer Ben Allen who reiterated the information regarding the conviction as provided in the police notice. In closing submissions Mr Allen indicated that a personal licence holder should act professionally and responsibly, taking responsibility for the promotion of the licensing objectives. In the police’s view, those responsibilities and permissions are unsuitable for someone with the licensee’s current convictions which undermine the crime prevention licensing objective and put children at risk. Mr Allen noted how rare this kind of application from the police is and that it is an indication of the seriousness of the conviction and the concerns held by the police.

Members noted that the licence holder had failed to comply with his duty under section132(2) Licensing Act 2003 and as set out in the terms of his personal licence, to notify the court that he was a personal licence holder and to notify the licensing authority of his conviction. The authority had only come to know about the conviction as a result of notification from the police.

In reaching a decision members had had regard to:

Representations made by premises licence holder,

Any decision of a court under section 129 or 130 of the Licensing Act 2003 of which the authority is aware,

Any other information the authority considers relevant.

Members find that if they were to allow the licensee to continue to hold the personal licence this would undermine the prevention of crime and disorder licensing objective. His offending behaviour was of a serious nature, they are mindful of the presence of children, who may be unaccompanied, in the premises that he is responsible for, and they did not feel the lesser measure of suspension of the licence was appropriate or proportionate to the circumstances. As such, they revoke his licence, and he will be provided with a notice to that effect.