Agenda and minutes

Moved by Councillor Anne Clarke and seconded by Councillor David Bennett

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

Councillor Amanda Davis in the Chair

Apologies for absence were received on behalf of Councillors Mary Dooely, Will Fletcher and Duncan McGregor.

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.

Moved by Councillor David Bennett and seconded by Councillor Anne Clarke

RESOLVED that the minutes of a meeting of the Licensing & Gambling Acts Sub Committee held on 18^th September 2025 be approved as a true and correct record.

To move:-

“That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraph 1, Part I of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006)”.

The Legal Officer informed that Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 permitted the exclusion of the public.

Moved by Councillor Anne Clarke and seconded by Councillor David Bennett

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in the stated Paragraph of Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed.

In attendance for this item was the Personal Licence Holder.

The Chair welcomed those present and introductions followed.

The Chair explained the procedure that would be followed and stated that the hearing was not a Court and as such strict Court rules would 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 and Enforcement Officer to present the report.

The Licensing and Enforcement Officer stated the Council was responsible for granting Premises 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.

In May 2024, the Council had adopted a revised Licensing Act 2003 Policy (the ‘Policy’).  The report set out paragraphs 2.2, 2.2, and 7.47 of the Policy, which outlined the general principles of the Policy and the Act.  Further information could be found in the Policy.

The Sub Committee procedure was followed.

The hearing was adjourned at 11:16 hours and the Personal Licence Holder, the Environmental Health Team Manager and Licensing and Enforcement Officer left the meeting for the Sub Committee to deliberate.

The hearing reconvened at 11:32 hours and the Personal Licence Holder, the Environmental Health Team Manager and Licensing and Enforcement Office returned to the meeting.

The Chair invited the Legal Officer to set out in summary the Sub Committee’s decision.

The Legal Officer summarised the decision of the Licensing and Gambling Acts Sub Committee: to REVOKE the Personal Licence with immediate effect.

The decision letter would be posted to the Licence Holder within 5 days.  There was a right of appeal against the Sub Committee’s decision to the Magistrates Court, exercisable within 21 days of receipt of the notification.