Agenda and draft minutes

Moved by Councillor David Bennett and seconded by Amanda Davis. RESOLVED that Councillor Emma Stevenson be elected as Chair for the meeting.

Councillor Emma Stevenson in the Chair

There were no apologies for absence.

To note any urgent items of business which the Chair has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

There were no urgent items of business to consider.

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 urgent additional items to be considered

c) 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 23^rd November 2022.

Moved by Councillor Emma Stevenson and seconded by Councillor David Bennett. RESOLVED that the minutes of the meeting of the General Licensing Sub Committee held on 23^rd November 2022, be approved as a true and correct record.

The Chair introduced the item and welcomed those present.

The Legal Officer confirmed that Mrs Tracy Kay, whose Personal Licence was under consideration was not present.  A copy of the report had been posted to Mrs Kay’s home address, but no response or representation had been received.

The Sub Committee agreed that it was in the public interest to continue with the hearing and to consider whether to suspend or revoke Mrs Kay’s Personal Licence in their absence.

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 that they had received the relevant documents, the Chair proceeded and asked the Licensing Officer to present the report.

The Licensing Officer began by stating that the Council was responsible for granting Personal Licences under the Licensing Act 2003.  The Licensing Act 2003 set out four 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 Licensing Act 2003 and to the Council’s own Statement of Licensing Policy.

The report set out that in 2019 the Council had adopted its current Statement of Licensing Policy under the Licensing Act 2003.  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 7.32 of the Statement of Licensing Policy.

The Licence Holder, Mrs Tracy Kay, had held a Personal Licence issued by Bolsover District Council under the Licensing Act 2003 since 25^th November 2005.  A copy of the Personal Licence was attached as Appendix 1 to the report.

The Licensing Officer explained that whilst Mrs Kay’s licence showed an expiry date, the Deregulation Act 2015 amended the Act to remove the requirement to renew Personal Licences.  Any licence still valid on 1^st April 2015 remained valid indefinitely until such a time when the licence lapsed or was revoked.  There was no requirement for Personal Licences to be updated to remove the expiry date.

On 20^th February 2023, the Licensing Team had received information via local Police intelligence that Mrs Kay may have been involved in an assault at a licensed premises, and an investigation was ongoing.  Confirmation was subsequently received from Derbyshire Constabulary on 18^th July 2023, that Mrs Kay had been found guilty of a relevant offence, namely assault by beating.  A copy of the notification was attached as Appendix 2 to the report.

Following a  ...  view the full minutes text for item LGASC6-23/24