Report of Head of Safer Communities, Urban and Rural Services
Summary
To provide an outline of an application to 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 it necessary for the promotion of the crime prevention objective to do so, and grant the application in any other case.
(2) grant the application in any other case.
Minutes:
4 August 2011
Dear Mr Shehab
Licensing Act 2003 – Grant of Personal Licence Application: Mr Abdullah Shehab
I refer to the hearing of the Licensing Sub-Committee on 28 July 2011 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.
Regulation 20 of the Licensing Act (Hearings) Regulations 2005 states:-
Failure of parties to attend the hearing
20. — (1) If a party has informed the authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.
(2) If a party who has not so indicated fails to attend or be represented at a hearing the authority may—
(a) where it considers it to be necessary in the public interest, adjourn the hearing to a specified date, or
(b) hold the hearing in the party’s absence.
(3) Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party.
(4) Where the authority adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.
As you failed to attend the hearing the Sub-Committee first considered if it were necessary in the public interest to adjourn the hearing. It determined that it was NOT in the public interest to adjourn the hearing and determined therefore to hold the hearing in your absence.
After considering all the representations made at the hearing the Sub-Committee made the following determination:
The Licensing Sub-Committee have considered the report given by the Licensing Officer as well as the representations made by ThamesValley Police.
The Licensing Sub-Committee have also taken note of the Licensing Objectives, the Licensing Act 2003 guidance and the Council's Licensing Policy document.
Mr Shehab made no representations. The Sub-Committee therefore concluded that there were no exceptional or compelling reasons to grant the application in the light of ThamesValley Police's objection.
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
As you did not attend the Hearing I am also returning your Personal Licence qualification certificate and your basic Disclosure form.
Finally, if you have any queries regarding this notice, please contact a member of the Licensing Team on 01295 753744.
Yours Sincerely
Natasha Barnes
Licensing & Vehicle Parks Manager