Meeting documents
Licensing Decisions
Wednesday, 23rd May, 2012
Personal Licence application - Andrew Jones
The Application
The application for consideration today is the grant of a personal licence.
The Applicant
The applicant is Mr Andrew Jones
Relevant Representations
Representations have been received from Lancashire Constabulary.
Local Policy Considerations
2.1 Personal Licences
National Guidance
4.9 National Guidance states:
"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 exceptional and compelling circumstances which justify granting it.
Foe example, certain offences can never be spent. However, where an applicant is able to demonstrate that the offence in question took place so long ago and that they no longer have any propensity to reoffend, 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".
None
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Hutton and Smith
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor, Licensing
Mrs B Jarvis, Clerk to the meeting, Democratic Services
Applicant/Applicant's Representative(s) in attendance
None
Representors
Sgt C Hannon, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for both parties.
Time Hearing Commenced
10:05 AM
Time Hearing Terminated
10:14 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that the applicant was not in attendance but having satisfied themselves that he had been correctly notified of the hearing, agreed to consider the application in his absence.
The Panel carefuly considered the evidence submitted by all parties and the licensing objectives.
It noted the Secretary of State's guidance 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.
The Panel concluded that there was no evidence to demonstrate that there were such exceptional and compelling circumstances to grant the licence.
PANEL DECISION
That the application for a personal licence be refused.
The Application
The application for consideration today is the grant of a personal licence.
The Applicant
The applicant is Mr Andrew Jones
Relevant Representations
Representations have been received from Lancashire Constabulary.
Local Policy Considerations
2.1 Personal Licences
National Guidance
4.9 National Guidance states:
"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 exceptional and compelling circumstances which justify granting it.
Foe example, certain offences can never be spent. However, where an applicant is able to demonstrate that the offence in question took place so long ago and that they no longer have any propensity to reoffend, 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".
Observations
None
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hardy, in the Chair Councillors Hutton and Smith
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor, Licensing
Mrs B Jarvis, Clerk to the meeting, Democratic Services
Applicant/Applicant's Representative(s) in attendance
None
Representors
Sgt C Hannon, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for both parties.
Time Hearing Commenced
10:05 AM
Time Hearing Terminated
10:14 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel noted that the applicant was not in attendance but having satisfied themselves that he had been correctly notified of the hearing, agreed to consider the application in his absence.
The Panel carefuly considered the evidence submitted by all parties and the licensing objectives.
It noted the Secretary of State's guidance 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.
The Panel concluded that there was no evidence to demonstrate that there were such exceptional and compelling circumstances to grant the licence.
PANEL DECISION
That the application for a personal licence be refused.
