To consider a review of a Personal Licence.

The Sub-Committee considered a confidential report to review a Personal Licence. The report set out the circumstances of the case. A copy of the Personal Licence was attached to the report at Appendix RS-1.

The Personal Licence Holder had been referred to the Sub-Committee to allow the Sub-Committee to review their suitability to hold a Personal Licence after the Council’s Licensing Team had received a notification from Home Office Immigration Enforcement that a relevant offence had been committed under Section 113 of the Licensing Act 2003.

The report stated that, following a visit by Home Office Immigration Enforcement, the restaurant business at which the Personal Licence Holder was a listed director had been required to pay a civil penalty for employing individuals who did not have the right to work in the United Kingdom. A copy of the Civil Penalty Notice was attached to the report at Appendix RS-2.

The report also stated that the Personal Licence Holder had not informed the Council of their requirement to pay an immigration penalty as was required of them under Section 132 of the Licensing Act 2003 and had also not informed the Council of a change of address as required under Section 127.

The Personal Licence Holder had been issued with notice that the Council were seeking to review their Personal Licence. A copy of the notice letter inviting them to make representations in response to the review within a statutory 28-day period was attached to the report at Appendix RS-3. The report stated that no representations had been received from the Personal Licence Holder.

The report set out the powers of the Sub-Committee when determining an application for the review of a Personal Licence. The Sub-Committee could:

• Suspend the licence for a period not exceeding six months; or
• Revoke the licence; or
• Not Revoke or Suspend the Licence.

The report also set out Sections 128, 132 and 132(A) from the Licensing Act 2003 along with paragraphs 4.75 to 4.78 and 4.80 and Amended Guidance issued by the Secretary of State under Section 182 of the Act. The report also set out paragraphs 4.11, 5.28 to 5.30, 9.25 and 10.4 from the Council’s Statement of Licensing Policy.

Robert Smalley, Licensing Enforcement Officer, attended the hearing, addressed the Sub-Committee and responded to questions. Tabitha Shaw, Licensing Enforcement Officer, attended the hearing as an observer.

The Personal Licence Holder did not attend the hearing.

At the hearing Mr Smalley explained that the notice letter inviting the Premises Licence Holder to make representations in relation to the review, and a later letter that had been sent to them informing them of the date and time of the Sub-Committee hearing, had been sent to an address that had been provided to the Council by Home Office Immigration Enforcement. However, it had since been established that this was not the correspondence address of the Premises Licence Holder but was rather the business address where the alleged immigration offences had taken place. Mr Smalley therefore recommended to the Sub-Committee that the review be deferred to allow Licensing Officers to write to the Premises Licence Holder at the correspondence address that had since been provided to the Council by the Home Office.

Resolved –

That, the review of the Personal Licence be deferred to allow the Personal Licence Holder to be written to and be given formal notice at the new correspondence address that had been provided.

(Exempt information as defined in paragraph 1, 2, 3 and 7)