Agenda and draft minutes

Licensing Sub-Committee - Thursday, 3 November 2022 10.00 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Committee Services 

Items
No. Item

LS/42

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Helen Ladhams be elected Chairman for the meeting.

LS/43

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

There were no apologies and there had been no change in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

LS/44

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interests were raised.

LS/45

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

LS/46

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman made introductions and read out the procedure for the meeting.

LS/47

Consideration of the suspension or revocation of a personal licence

To consider the suspension or revocation of a personal licence.

Minutes:

-       Paragraph 1 - Information relating to any individual.

-       Paragraph 2 - Information which is likely to reveal the identity of an individual.

 

The Specialist (Licensing) presented the report to Members. Details of the Licence Holder’s conviction of a drink driving offence, a relevant offence as defined by Schedule 4 of the Licensing Act 2003, was outlined.

 

The Licence Holder provided a statement to Members explaining the background to his actions on the evening of the drink driving offence and presented mitigating factors. The Licence Holder apologised to the Committee for his actions and stated that his actions were out of character. The Licence Holder informed Members that a suspension or revocation of the Personal Licence would fundamentally impact on his ability to operate two local businesses. The Licence Holder added that no issues had been recorded that would question his ability to be a Personal Licence Holder.

 

Members queried the Licence Holder on his attendance of a drink drive rehabilitation course. The Licence Holder responded, confirming that he was due to complete the final stage of the course on Monday, 7 November 2022.

 

Members requested whether there were any further mitigating factors in relation to the offence.

 

The Licence Holder summarised that ‘future proofing’ the businesses to survive a potentially difficult economic climate ahead and the payment of growing bills all exacerbated his difficult circumstances.  He stated that there were a number of contributing factors but expressed that he had no excuses.

 

Members further questioned the Licence Holder on the offence committed and any alcohol dependency issues.

 

Members thanked the Licence Holder for his honesty and invited him to make a closing statement before they retired to make a decision.

 

The Licence Holder related how he understood that he had placed both himself and his wife in a very difficult position and regretted his actions. 

 

Note – The Sub-Committee passed a resolution to adjourn the meeting in making its decision and retired in accordance with Resolution 14 (2) of the Licensing Act 2003 (Hearing) Regulations 2005 (as amended) in order to give further consideration to the application.

 

The meeting was adjourned at 10.16 a.m.

 

The meeting reconvened at 11.22 a.m.

 

The Legal, Governance and Democracy Specialist (Solicitor) reported the Licensing Sub-Committees’ decision.

 

The Licensing Sub-Committee had carefully considered the report, and supporting information, and the written and verbal representations made by the Licence Holder. 

 

The Sub-Committee note that the Licence Holder pleaded guilty, and was convicted of a relevant offence and received a fine and driving disqualification from Barrow Magistrates Court.  The Sub-Committee further noted that the individual had enrolled on, and is due to complete the drink driving rehabilitation course, on Monday 7 November 2022. 

 

In the consideration of this matter, the Sub-Committee had regard to the mitigating factors presented by the individual and the potential impact the revocation of the Personal Licence would have on the individual's businesses.

 

In the circumstances of the case, the Sub-Committee;

 

RESOLVED - to propose that the Personal Licence is suspended  ...  view the full minutes text for item LS/47