Agenda and draft minutes

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

Please contact Natasha Clark (01295 221589) to tender apologies.

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

The Membership of the Licensing Sub-Committee for this meeting was Councillors Tony Ilott (Chairman), Blackwell and O’Sullivan.

Members declared an interest in the following agenda item:

3. Personal Licence Determination Hearing.

Councillor P A O'Sullivan, Personal, as a resident of the same village as the applicant but the applicant was unknown to him.

The following item of business contains confidential information. Under S. 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 as the item had been marked as confidential and the exclusion of the press and public consequently being compulsory in law, the press and public be excluded from the meeting for the following item of business.

Report of Head of Safer Communities, Urban and Rural Services

Summary

To provide an outline of an application for the grant of a Personal Licence in respect of Mr Lotfi Ghazi of Neddicote, Cow Lane, Steeple Aston and detail the representation received from Thames Valley Police that has 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:

a)     reject the application if it considers it necessary for the promotion of the crime prevention objective to do so, and

b)   grant the application in any other case.

15 February 2011

Dear Sir/Madam

Licensing Act 2003 – Grant of Personal Licence Application: Mr Lofti Ghazi

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 have considered very carefully the points raised by the Licensing Officer and Thames Valley Police.

The Licensing Sub-Committee have also taken note of the guidance issued under section 182 of the Licensing Act 2003 and note in particular the sections they have been referred to in the Agenda document. Section 4.9 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.

In considering the application the Licensing Sub-Committee have considered whether any such exceptional and compelling circumstances are present in this case such as to justify a grant of the Personal Licence despite Thames Valley Police’s objection.

They conclude that no such circumstances were advanced and as such the application is therefore refused.

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 OxfordshireMagistrates 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.

Yours faithfully

Claire Bold

Licensing Team Leader