Agenda and minutes

Moved by Councillor Jeanne Raspin and seconded by Councillor Will Fletcher

RESOLVED that Councillor Amanda Davis be elected as Chair for the meeting.

Councillor Amanda Davis in the Chair

There were no apologies for absence.

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

a) any business on the agenda;

b) any matters arising out of those items;

and if appropriate, withdraw from the meeting at the relevant time.

There were no declarations of interest made.

To consider the minutes of the Licensing & Gambling Acts Sub Committee meeting held on 20^th June 2024.

RESOLVED that the minutes of a meeting of the General Licensing Sub Committee held on 20^th June 2024 be approved as a true and correct record.

In attendance for this item was the Licence Holder Mr. Mark Wayne Marriott and PC Andy Clay of the Derbyshire Constabulary.

The Chair introduced the item and welcomed those present.

The Chair explained the procedure that would be followed and stated that the hearing was not a Court and as such strict Court rules did not apply.  Any evidence given would not be given under oath, but the Chair reminded parties that providing untrue statements was a criminal offence under the Licensing Act 2003.

With all those present confirming they had received the relevant documents, the Chair invited the Licensing Officer to present the report.

The Licensing Officer stated the Council was responsible for granting Personal Licences under the Licensing Act 2003 (‘the Act’).  The Act set out 4 statutory objectives, each of equal importance, that had to be addressed by the Council when discharging its functions under the legislation.  Those licensing objectives were:

·       The prevention of crime and disorder;

·       Public safety;

·       The prevention of public nuisance; and,

·       The protection of children from harm.

In addition to the legislation, the Council had to have regard to the Revised Guidance issued under section 182 of the Act and to the Council’s own Statement of Licensing Policy.

The report set out that in 2024, the Council had adopted its current Statement of Licensing Policy (‘the Policy’) under the Act.  The report set out paragraphs 2.1 and 2.2 of the Policy, which outlined the general principles of the Policy and the Act.  The report also set out paragraph 7.47 of the Policy.

The Licence Holder, Mr. Mark Wayne Marriott, had held a Personal Licence issued by Bolsover District Council under the Act since 19^th July 2018.  A copy of the Personal Licence was attached as Appendix 1 of the report.

On 9^th November 2023, the Licensing Team had received information via local police intelligence reports that Mr. Marriott may have been involved in an assault at a licensed premises, and an investigation was ongoing.  Confirmation was subsequently received from Derbyshire Constabulary on 21^st March 2024, that Mr. Marriott had been found guilty of a relevant offence, namely assault by beating.  A copy of the intelligence report was attached as Appendix 2 and the confirmation of conviction was attached as Appendix 3.

On 27^th March 2024, the Licensing Team had contacted the Magistrate’s Court to confirm the outcome of the hearing; Mr. Marriot had been convicted of assault by beating. A copy of the Court extract was attached as Appendix 4.

On 5^th April 2024, the Licensing Team had received an email from Mr. Marriott stating he had been convicted of assault by beating.  A copy of the email was attached as Appendix 5.

On 17^th April 2024, in accordance with the legislation, the Licensing Team had posted a notice to Mr. Marriott at his home address informing him that the Council were considering whether to suspend or revoke his Personal Licence and inviting him to make representations.  ...  view the full minutes text for item LGASC10-20/21