Agenda and draft minutes

The Membership of the Sub-Committee for this meeting will be Councillors Blackwell, Ilott and Reynolds.

Please contact Louise Aston (01295 221601) to tender apologies.

The Membership of the Licensing Sub-Committee for this meeting was Councillors Blackwell, Ilott and Reynolds.

Members are asked to declare any interest and the nature of that interest that they may have in any of the items under consideration at this meeting.

Note: Any Member with a prejudicial interest will not be able to participate in the hearing, and should therefore notify the Head of Law and Governance in advance so that arrangements may be made for an alternate Member to attend.

There were no declarations of interest.

The following item of business contains confidential information. Under Section 100A(2) of Local Government Act 1972 the public must be excluded from the meeting during an item of business ‘whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence’.

Members are advised that as the following item has been marked as confidential the exclusion of the press and public is compulsory in law and the press and public be excluded from the meeting for the following item of business.

Resolved

That the press and public be excluded as the following item had been marked as confidential and the exclusion of the press and public is compulsory in law.

Report of Head of Public Protection and Development Management

Summary

To provide an outline of an application for the grant of a Personal Licence and detail the representations received from Thames Valley Police that have resulted in the need for a hearing to determine the application.

Recommendations

There is no recommendation. In considering the representations received and what is appropriate for the promotion of the licensing objectives, the options open to the Sub-Committee are, in broad terms:

(1)               Reject the application if it considers in necessary for the promotion of the crime prevention objective to do so; or

(2)               Grant the application in any other case

09 March 2012

Dear Madam,

I refer to the hearing of the Licensing Sub-Committee today at which the Sub-Committee considered an application in respect of the above named person for the grant of a personal licence under the Licensing Act 2003.  The decision contained in this letter is a decision of the Licensing Authority.

After considering all the representations made at the hearing the Sub-Committee decided as follows:

The Licensing Sub-Committee listened to the representations of both the Applicant and Thames Valley Police. They noted in particular paragraph 4.9 of the amended guidance issued under section 182 of the Licensing Act 2003 which reads' the Secretary of State recommends that where the police have issued an objection notice, the licensing authority should normally refuse the application unless there are exceptional and compelling circumstances which justify granting it.' While the Licensing Sub-Committee had sympathy for the circumstances preceding the conviction, they nevertheless considered that the conviction was too recent for there to be exceptional and compelling reasons to justify the granting of the personal licence. The application was therefore refused.

Cont…

You have a right of appeal against this decision to the Magistrates' Court within 21 days of the date of this letter. The relevant Magistrates Court for the area is;

Northern Oxfordshire Magistrates Court

The Courthouse

Warwick Road

Banbury

Oxon

OX16 2AW

Tel: 01295 452000

Fax: 01295 452050

Finally, if you have any queries regarding this notice, please contact a member of the Licensing Team on 01295 753744.

Natasha Barnes

Licensing & Vehicle Parks Manager