Agenda item

The report of Linda Holland (Licensing Manager) seeks to advise members of changes to the Licensing Act 2003 which came into force on 6th April 2017 and to introduce new procedures relating to these changes. The report also details the proposed procedures to be carried out in line with legislation when considering the appropriate action to be taken against personal licence holders with relevant convictions.

Linda Holland (Licensing Manager) referred to the report which sought to advise members of changes to the Licensing Act 2003 which came into force on 6th April 2017 and to introduce new procedures relating to these changes. The report also detailed the proposed procedures to be carried out in line with legislation when considering the appropriate action to be taken against personal licence holders with relevant convictions.  Linda highlighted the following:

• Previously only the Magistrates’ Court had the power to revoke or suspend a personal licence where the licence holder had been convicted of a relevant offence – Agreement was now being sought from the Committee to implement procedures to be carried out in line with the changes to legislation when considering the appropriate action to be taken against personal licence holders with relevant convictions;

• There were currently 7583 personal licences holders and following a change in legislation in 2005 when personal licences had been held for a 10 year period the change then meant that a personal licence was open ended with no need for a renewal.  There was a requirement for a personal licence holder to notify their issuing authority of a change of address as that authority would remain even if the person moved around the country;

• It was proposed that the Committee agree to delegate the licensing authority’s responsibility to determine whether a personal licence should be revoked or suspended to the licensing sub committee where relevant and if the local authority became aware that a personal licence holder had been convicted of a relevant offence;

• The Licensing Act 2003 places an obligation upon a personal licence holder who is charged with a relevant offence to inform the Court of their status as a personal licence holder and they also have a duty to inform the Licensing authority of the nature and date of their conviction and the sentence.  To date only one such notification had been received by the Licensing Team;

• If it was felt that if some individuals were not appropriate to hold a personal licence the adoption of these procedures would give the local authority a route to challenge this and make a determination based on their convictions as to their suitability to hold a personal licence; and

• The report clearly sets out how the route of the determination process to ensure that this was open and fair to all and whilst this was a discretionary power, most other local authorities had sought to adopt these procedures.  It was proposed that the process be set in place with a review put in place in 18 months to ascertain what Officers and the Committee thought on the process and to consider if any changes were needed.  It was anticipated that there would be an average of 4 to 5 personal licences determinations per year.

Committee Members asked the following:

·           Was there an example of the final warning letter to be used and what would follow a final warning?  Linda Holland responded that a copy of the proposed letter would be shared with committee via the Clerk following the meeting.  If a Personal Licence holder continued to breach their licence the opportunity to review the licence would be an option.  There would be an awareness that we know if they have a conviction and Officers would seek to engage them positively with the licensing process and highlight any concerns with their behaviour.  If there were any further problems this would then be referred to the Licensing Sub Committee.

·           Should personal licence holders tell you about convictions – have you found that some have kept quiet and you have heard about things through the Police?  Linda Holland responded that the onus is on the personal licence holder to inform the Courts that they hold a licence but they don’t always think about it and the CPS and the Police don’t highlight it to them and for some they probably don’t deliberately not inform the Court they are just not aware of the need to do it. 

·           Are you aware of any personal licence holders currently with convictions and do you get notified of changes of address?  Linda Holland responded that some inform the licensing authority of changes but of course many don’t remember to inform of a change of address.  The team did not have the resources to check over 7000 personal licences for convictions or that the addresses were up to date.  Linda was aware of some individuals she considered not to be suitable as a personal licence holder and they could see further intelligence on that but needed to have cause a reason to ask for further information.

·           Could the request for personal licences holders to ensure they were up to date be a focus on a “licensing week”?  Linda Holland reported that there was a national licensing week in June and that she would explore this suggestion further.

·           Was there a facility for “whistleblowing” for the public to be able to use in relation to personal licence holders and when individuals apply to be a Designated Premises Supervisor is a personal licence checked at that time to ensure that it is up to date?  Linda Holland confirmed that for a DPS application a personal licence would be checked and that other local authorities would be consulted on this if Wiltshire was not the issuing authority.  A few discrepancies are sometimes picked up through this process and Officers were still waiting to hear on the introduction of a national database that licence holders could log into and update themselves – currently this has to be done through the issuing authority which is a weak system.

·           Have you received any information about any personal licence holders through whistleblowing?  Linda Holland responded that they had received some emails/phone calls of concerns from people and that would be followed up with a trawl through the internet to carry out research on those concerns.

·           When you receive information from a whistle-blower – what evidence do you need?  Linda Holland reported that they would need to have just cause to get more information from the Police.  It would also depend on the quality of evidence provided.  They would attempt to look at published Court records or speak to Police colleagues or counterpart Police licensing officers but they would be aware not to step on others toes as there may be some ongoing investigations if there are troubled premises in towns.

·           What is the status of those who have committed a crime whilst being a minor when applying for a personal licence?  Linda Holland responded that for most under the age of 19 this would not be considered relevant – the Rehabilitation of Officers Act sets out how long the offences can be considered for.  Officers would intend to look at more recent convictions, including the habit of those convictions, continuation of criminality with only small minor offences but a number of them.   When a personal licence is first applied for a DBS check is carried out.

Sarah Marshall (Senior Solicitor) confirmed that that she was satisfied that the Licensing Committee have the powers grant agreement for the authority to be delegated to the Licensing Sub Committee to set up the new process to review personal licences.

Resolved that the Licensing Committee:

1.     Note the content of the report and consider the legislative changes.

2.     Delegate the licensing authority’s responsibility to a licensing sub committee where relevant.

3.     Approve the use of a 4th Option - Final Warning letter.

4.     Approve the procedure as set out in Appendix 3 in regard to consideration of personal licence holders with relevant convictions.

5.     Note the legislative requirements in regard to revoking or suspending a personal licence as set out in Appendix 4.

6.     Consider a review of the application of these procedures in September 2023.

7.     If on review it is agreed to continue with these procedures that the Council’s Statement of Licensing Policy be updated to reflect these procedural changes at next review.