Minutes:
The Licensing Sub-Committee was asked to consider whether the granting of a personal licence to the Applicant (ref. 05-14) would promote the crime prevention objective. The Applicant attended the hearing and Thames Valley Police (TVP) were represented. The Licensing Manager summarised the background to the application and discussed the relevant Policy and Legislative considerations in the case. He advised Members that the Sub-Committee could only grant a personal licence if they were satisfied that to do so would promote the crime prevention objective.
As part of the application process, the Applicant had submitted a Disclosure Scotland Criminal Record report which contained details of convictions for a number of ‘relevant offences’ as defined by the Licensing Act 2003. Members were advised that in this case, the convictions were not deemed to be ‘spent’ under the Rehabilitation of Offenders Act 1974. The Act stipulated that all relevant convictions could be taken into account, regardless of whether they would otherwise be spent.
TVP had made representations against the granting of the licence as permitted by regulations, stating that to do so would undermine the crime prevention objective.
The Licensing Manager reminded the Sub-Committee that it could reject or grant the application and must have regard to the Section 182 guidance and the Council’s Statement of Licensing Policy. He concluded that the Sub-Committee could grant the licence only if it was felt that the crime prevention objective could be promoted.
The Applicantaddressed the Sub-Committee and acknowledged the prior convictions. He advised however that these incidents occurred many years ago, that he was remorseful for his crimes, and he was a fully rehabilitated member of society eager to move forward with his working life.
The Sub-Committee adjourned to reach its decision. Having carefully considered all of the evidence, the Sub Committee decided to grant a Personal Licence.
Resolved – That the application (Ref 05-14) for a Personal Licence be approved.