Reference: 2010/01284/02SPEN
Hearing:
29th July 2010
Application Date:
Application
Received Date:
17th June 2010
18th June 2010
Application Valid
Date:
22nd June 2010
Application for Personal Licence
Applicant’s Name:
Applicant’s
Address:
Andrew Barnes
Pig & Whistle
108 Shirley Road
Freemantle
Southampton
SO15 3FD
Representations From Responsible Authorities
Responsible Authority
Hampshire Constabulary Licensing
Satisfactory?
Comments
No
Legal Implications
1. The Licensing Act 2003 specifically restricts the grounds on which the Council, as
Licensing Authority, may refuse an application for a new personal licence. Only the Police
may object to the grant on crime prevention grounds by serving an objection notice
following notification of any unspent relevant offence or a foreign offence.
2. In considering an application, the committee must apply the test contained in section
120(7) of the Licensing Act 2003, which requires that, having regard to the notice of
objection from the police, the licensing authority must either:
“(i) reject the application if it considers it necessary for the promotion of the crime
prevention objective to do so, and
(ii) grant the application in any other case.”
3. The committee should also take into account of the statutory guidance issued by the
DCMS under section 182 of the Licensing Act 2003, particularly paragraph 4.9:
“The Secretary of State recommends that, where the police have issued an objection
notice, refusal of the application should be the normal course unless there are, in the
opinion of the licensing authority, exceptional and compelling circumstances which justify
granting the application. For example, certain offences can never become spent. However,
where an applicant is able to demonstrate that the offence in question took place so long
ago and that he or she no longer has any propensity to re-offend, a licensing authority may
consider that the individual circumstances of the case are so exceptional and compelling
and any risk to the community so diminished that it is right to grant the application.”
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However, it is a matter for the committee to decide what weight to give the guidance in its
determination of the application.
4. An applicant, whose application has been refused, may appeal against the decision to the
Magistrates' Court as may the Police should the application be granted despite their
objection notice.
5. In considering this application the committee will sit in a quasi-judicial capacity and is thus
obliged to consider applications in accordance with both the Licensing Act 2003 (Hearings)
Regulations 2005, and amending secondary legislation and the rules of natural justice. The
practical effect of this is that the committee must make its decision based on evidence
submitted in accordance with the legislation and give adequate reasons for reaching its
decision.
The committee must also have regard to:6. Crime and Disorder Act 1998
Section 17 of the Crime and Disorder Act 1998 places the Council under a duty to exercise
its various functions with due regard to the likely effect of the exercise of those functions
on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.
7. Human Rights Act 1998
The Act requires UK legislation to be interpreted in a manner consistent with the European
Convention on Human Rights. It is unlawful for the Council to act in a way that is
incompatible (or fail to act in a way that is compatible) with the rights protected by the Act.
Any action undertaken by the Council that could have an effect upon another persons’
Human Rights must be taken having regard to the principle of Proportionality - the need to
balance the rights of the individual with the rights of the community as a whole. Any action
taken by the Council which affect another's rights must be no more onerous than is
necessary in a democratic society. The matter set out in this report must be considered in
light of the above obligations.
Further information
8. .The offence of which the applicant was convicted on 22nd February 2009 is a relevant
offence prescribed by section 113 of the Licensing Act 2003 and set out in paragraph 14 of
schedule 4 to the Act.
9. The Licensing Team has received a basic disclosure, issued by Disclosure Scotland on
13th June 2010 in the name of the applicant, showing the following unspent conviction:
Date
Court
Offence
Disposal
27th February 2009
Southampton
Magistrates’
Court
Battery
Unpaid work
requirement 20 Hrs –
Removed.
Curfew requirement
13 days with
electronic tagging
added to original
order.
10. The applicant has declared this conviction in the disclosure of conviction and declaration,
dated 17th June 2010 which accompanied the application received on 18th June 2010.
11. The applicant has also provided evidence of having obtained the required National
Certificate for Personal Licence Holders qualification on 29th April 2010.
12. The applicant has also provided the required endorsed photograph.
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13. The documents and evidence referred to in paragraphs 8,9,10 and 11 are prerequisites for
an application to be considered, as prescribed by regulation 7 of the Licensing Act 2003
(Personal Licences) Regulations 2005.
14. Copies of the following documents appear in the appendix to this report:
• Application for a personal licence
• Applicant’s disclosure of convictions and declaration
• Basic disclosure
• National certificate for personal licence holder’s certificates
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G89
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New grant or variation of premises licence
Or club premises certificate
Form for representations from Hampshire Constabulary
Before completing this form, please refer to FPP 07001 (Licensing (Licensing Act 2003))
Hampshire Constabulary is a responsible authority and wish to make a representation
regarding under the Licensing Act 2003, regarding the:
1: Grant for a personal licence
2: Grant for a temporary event notice (TEN)
3: Transfer of a premises licence
4: Variation of designated premises supervisor
5: Grant/Variation of a premises licence/club prem’ certificate
Name of Applicant:
Name of Proposed DPS:
(Object within 14 days)
(Object within 48 Hours)
(Object within 14 days)
(Object within 14 days)
(Object within 28 days)
Andrew Michael BARNES
Details of relevant conviction ( Personal Licence Applications ONLY)
27/02/09 Southampton Magistrates
1. Battery
-
Guilty
Court Ref: 09/1775/38070M
Community Order 12 Months
Supervision Requirement
Unpaid Work 80 Hours
This was removed on the 11/12/09 and replaced with a tagging requirment to last 13 days.
Postal address of
premises:
Pig n Whistle
108 Shirley Road
Southampton
Postcode:
SO15 3FD
Details of responsible authority applicant
Mr
Mrs
Surname:
Miss
Ms
Challis
Current postal
address :
Postcode:
Daytime telephone
number:
E-mail address:
Other title / Rank:
First Names:
Police Sergeant
Chris
Southampton Divisional HQ
12-18 Hulse Road
Southampton
SO15 2JX
02380 599933
christopher.challis@hampshire.pnn.police.uk
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G89
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New grant or variation of premises licence
Or club premises certificate
Form for representations from Hampshire Constabulary
(optional)
Hampshire Constabulary is a responsible authority and the applicant has the delegated
authority of the Chief Officer of Police in respect of his responsibilities under the Licensing
Act 2003
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New grant or variation of premises licence
Or club premises certificate
Form for representations from Hampshire Constabulary
This application to object relates to the following licensing objective(s)
1)
2)
3)
4)
The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm
Please select
one or more
boxes
Please state the ground(s) for representation:
The Chief Constable has delegated authority to all Operational Command Unit Commanders
within Hampshire Constabulary in respect of his responsibilities under the Licensing Act
2003. The OCU Commander, Chief Superintendant Greening has further delegated this
responsibility to the Licensing Sergeant for Southampton.
The police are in objection to this application. For the reasons outlined below I am of the
opinion that granting of a personal licence, Mr Barnes undermines the crime and disorder
objective.
Mr Barnes is applying for a personal licence, an authority to sell alcohol. He would be
expected to make informed judgements on customers levels of intoxication and decide
whether those customers should be served any further alcohol.
The applicant, has several previous convictions going back to his teenage years, which are
mainly for traffic offences. I have to be mindful of the Rehabilitation of Offenders Act 1974.
The most recent and relevant conviction, is for violence which occurred on the 9th February
2009. The applicant went to the aggrieved's home and banged on his window to resolve an
argument. The aggrieved came outside and they argued. The applicant then punched the
aggrieved several times causing scratches and bruising to his face. This was witnessed by
members of the public and occurred in the street one evening.
He was convicted on the 27th Feb 2009 and received a 12 month Community Order and 80
hours unpaid work. This offence is now served, but not considered spent under the
Rehabilitation Act as 5 years is required.
The police report states he was in drink, when he inflicted this unprovoked assault. This is
disputed, by the applicant, but confirmed by the arresting officer and on his custody record.
After arrest he stated he had consumed, 4-5 pints and 3-4 vodkas.
I question whether he has enough self control and suitable to hold a licence. These are
compelling circumstances and I would object to the application on these grounds.
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Page 4 of 4
New grant or variation of premises licence
Or club premises certificate
Form for representations from Hampshire Constabulary
It is an offence, under section 158 of the Licensing Act 2003 to make a false statement
in or in connection with this representation
Police recommendations (including any conditions)
Objection
Signature of Officer Completing
Name
Signature:
PS Chris Challis
Collar Number:
Date:
2857
08/07/10
Collar Number:
Date:
5488
08/07/10
Signature of Authorising Officer
Name
Signature:
A/Insp Mick Hinchey
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