Agenda item - Licensing Authority Consideration of Suspension or Revocation of a Personal Licence - S132A (3) (a) and (b) Licensing Act 2003

Briefing note (copy attached)

80.1    The Legal Advisor explained that the briefing note was considered as an item of business for the sub-committee and was a new procedure brought in by The Policing and Crime Act 2017. The Licensing Authority could now revoke or suspend a Personal Licence upon a Personal Licence Holder being convicted of a Relevant Offence. The Personal Licence Holder had the opportunity to make representations and Sussex Police could make representations if the Licensing Authority was not minded to suspend or revoke.

80.2    The Licensing Officer explained that the Mr McGrath, Personal Licence Holder, was written to on 12 December 2017, enclosed a pre-paid envelope for representation to be received, and had 28 days to respond. No representations had been received. It was explained that the Personal Licence Holder was no longer the Designated Premises Supervisor for the Pussycat Club and the Bugle Public House after a variation was sought. The power to revoke or suspend Personal Licence could previously only been exercised by the Courts. The Licensing Authority had written to the court and had not received a response regarding his Personal Licence.

80.3    RESOLVED – That the Panel agreed to revoke Mr Kenneth McGrath’s Personal Licence.

80.4    The decision was sent to all parties on 12 February 2018. The decision was as followed;

“The Panel has read the briefing note and has had regard to the Licensing Act 2003 and S182 guidance. The licence holder has a recent unspent conviction for a relevant offence, namely S47 of the Sexual Offences Act 2003, (paying for sexual services of a child). He has received a prison sentence of 3 years. 

The licence holder was written to informing him that the licensing authority was considering suspending or revoking his personal licence and invited to make representations. No representations were received.

The sale of alcohol carries considerable responsibility because of its potential impact on the wider community. Sales must be authorised by a personal licence holder.

In light of the seriousness of the offence, the panel consider it is appropriate to revoke this personal licence for the promotion of the crime prevention objective, the protection of children from harm and public safety licensing objectives.”