Agenda item

To determine a personal alcohol licence.

The Chair introduced the Panel and explained procedure to the applicant.

The Enforcement Officer gave a summary of the report.

The applicant was the manager of a pub, but was not the current Designated Premises Supervisor (DPS).  Essex Police have called on the Council for a review of her personal alcohol licence under the Licensing Act 2003.

In May 2019, the applicant was convicted of an offence of assault by beating following a guilty plea. This was following an incident with her former partner.

The Police believe that the applicant’s excessive use of alcohol has led, either wholly or in part, to several instances of domestic disturbance including violence. As a result Essex Police feels that for her to retain her Person Licence would undermine the crime prevention objective. If she was allowed to retain a personal licence, she would be able to apply to take up a position as a DPS, responsible for ensuring that the licensing objectives are upheld. As a DPS, she would be required to prevent patrons from becoming intoxicated and take active steps to prevent vulnerable patrons from risk.

The applicant submitted her written responses to the Council confirming that she had been in a difficult relationship with her ex-partner, that they regularly fought, and this was regularly fuelled by alcohol. The arguments were not one sided and on one occasion her partner had been arresting for assaulting her. She had enclosed photographs of the injuries that she has sustained. She did not support Police action for this matter and there was no CCTV. She has enclosed a log of other incidents between the two of them to give a background. The applicant had said that her behaviour during this relationship was unacceptable and she was ashamed of her actions, however, she stated that this would not behave like this again. She believed that her drinking was caused by the toxic relationship and has requested that she be given another opportunity to prove herself.

Therefore, the applicant’s personal alcohol licence came before members to consider whether she remained a suitable person to continue to hold the licence in light of her conviction.

The applicant said the atmosphere at the pub was much better now her old partner had left. She felt no need to hide from people anymore as she did not have any injuries to account for. She felt as though a weight had been lifted and wanted to run a good pub. Her customers had all been very supportive of her and had signed a petition in support.

At 2.25, the Committee retired to make its decision.

At 3.25, the Committee returned.

The decision was read to the applicant.

DECISION NOTICE –

The application before the Panel today is for the suspension or revocation of the applicant’s personal alcohol licence (personal licence) number PA1119 under S132A (1) and (3) Licensing Act 2003.  The licence was issued on 12^th November 2018 and such licences are indefinite in duration. Though not the current Designated Premises Supervisor (DPS), the applicant is the joint manager of a pub and has held this role for over twelve months.

This application has been made by Essex Police though they have not appeared before us today.  The application is made under S132A (1) and (3) of the 2003 which provides that when a licensing authority becomes aware that a personal licence holder has been convicted of a relevant offence, that authority may either suspend the licence for a period not exceeding six months or revoke the licence.  The licence holder has a right of appeal to the Magistrates Court, and the licence remains in force until any appellate process is concluded.

This statutory power was expanded by the Policing and Crime Act 2017. A licensing authority can now suspend, for up to 6 months, or revoke a personal licence upon the holder being convicted of a relevant offence on or after 6th April 2017, and this may be done with or without a hearing.   The licensee has the opportunity to make representations and the Police also have the opportunity to do so if the licensing authority is not minded to suspend or revoke. Prior to the hearing before us today, no such decision has been made either way, the matter having been referred to us for that purpose.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the applicant and we have read her correspondence, an events log prepared by her, a letter from Mr Graham Jones and a customer petition supporting her. She has also addressed us this afternoon. These papers are attached to the report and all the documents we have seen are listed below:-

Revised guidance issued under section 182 of the Licensing Act 2003

Schedule 4 Personal licence: relevant offences

Letter from Essex Police dated 22 May 2019

Letter from the Enforcement Officer

Written representations from the applicant

Letter from the current DPS of the premises and petition from customers.

Briefly, the background facts are as follows. On 08 May 2019, the applicant was convicted at Chelmsford Magistrates Court of an offence of assault by beating following a guilty plea. This was following an incident with her former partner who was at the time the DPS at the premises. The applicant was fined £250 with an order for prosecution costs in the sum of £85, compensation of £50, and a victim surcharge of £30 making a total financial penalty of £415.

The Police have supplied us with additional information. They had previously been called to the premises on several occasions following disturbances when both the applicant and her partner had been intoxicated. This was the case on the date of the incident complained of, Police records showing that the applicant had been verbally abusive to the victim in the pub. He had left the premises and the applicant was found to be banging on the door of the nearby residential property in which he had taken refuge; she had then assaulted the victim by punching him.

Police attended the premises at 00.50 hours on 31 March 2019, to arrest the applicant and she was found to be drunk. She was conveyed to the police station but it was recorded that she was too intoxicated to interview. She was not fit to be interviewed for 12 hours after arrest.

Subsequently the victim did tell the UDC Enforcement Officer that the applicant allegedly drove his car to the location at which he was staying  whilst she was drunk; there is no evidential basis to support  this allegation but we note it in passing. To continue with the Police information, upon reporting the offence the victim notified the Police that over the previous two weeks, the applicant had become very aggressive after drinking: it is true that the Police did attend another incident at the premises when it was closed, but no action was taken on this occasion as the victim did not support police involvement.

The legislation refers to “relevant offences”. We understand that this particular conviction is for such a ‘relevant offence’ as listed under Schedule 4 of the 2003 Act and is not spent under the Rehabilitation of Offenders Act 1974.   This conviction comes within the category of offences described in paragraph 19 of Schedule 4 LA 2003 as being

 ‘A violent offence, being any offence which leads, or is intended or likely to lead, to a person’s death or to physical injury to a person, including an offence which is required to be charged with arson (whether or not it would otherwise fall within this definition).

The Police believe that the applicant’s excessive use of alcohol has led, either wholly or in part, to several instances of domestic disturbance including violence, and that were she to remained licenced the crime prevention objective would be undermined. Currently she remains eligible to apply for a DPS role with responsibility for ensuring that the licensing objectives are upheld, including preventing  patrons from becoming intoxicated and taking active steps to prevent vulnerable patrons from risk.  The applicant has indicated to the UDC Enforcement Officer her intention to seek to become the DPS if she keeps her licence.

On 03 June 2019, the Enforcement Officer wrote to the applicant to advise her that Essex Police had requested that her personal alcohol licence be revoked.   She was given 28 days to submit written representations to be heard by the Committee, and she did so in a letter dated 10 June 2019.   A copy of this is in the papers before us.

Within her letter the applicant confirmed that she had been in a volatile relationship with her partner and this was fuelled by alcohol. She explained that the arguments were not one sided and on one occasion her partner had been arrested for assaulting her, and she provided photographs of the injuries that she had sustained.   She did not support Police action on this occasion and there was no corroborative evidence.   She also enclosed a log of other incidents between them and it makes dispiriting reading.   The applicant said that her behaviour during this relationship was unacceptable, that she was ashamed of her actions, and would not behave like this again.   She believed that her drinking was caused by the toxic relationship and has requested that she be given another opportunity to prove herself.

The applicant has also provided a supportive letter from the current DPS of the premises though we are aware that her employment there could continue even were she to lose her licence: she would have to work under supervision. She has also provided an untitled petition from customers.  We have read all of this material carefully though the petition carries no weight.

We have read the papers before us and we have heard from the applicant. Unfortunately we cannot ignore the fact that this was a serious offence and that the magistrates opted to deal with the matter by way of a fine rather than a discharge whether absolute or conditional. We acknowledge that at the material time she was in an abusive relationship and that there is considerable evidence as to the impact these have upon behaviour.

However, the holding of a personal licence carries with it considerable responsibilities. These include the supervision of customers and ensuring that their consumption of alcohol is appropriately monitored. We also take into account that it was intended she became DPS, thus increasing the level of responsibility resting upon her. Our function is the protection of the public and a conviction for a violent offence while under the influence of alcohol indicates a potential risk that we cannot take. It is not compulsory for pub employees to hold a personal licence – they can still work behind a bar under supervision, and they can take orders for drinks in a restaurant.

Though we appreciate that there are mitigating circumstances and have every sympathy for someone finding themselves in an abusive relationship, we feel that today we must revoke the applicant’s licence.  We note she has expressed remorse and has said that now she is out of the relationship concerned there is no possibility of a repeat occurrence: there has not been sufficient time to see a sufficient  amendment of life,  but since there is nothing to prevent her continuing to work at the pub, there is equally nothing to prevent her from applying for a new licence next year when the Rehabilitation of Offenders Act gives her its assistance, with of course the support of her employer at that time.

There is a right of appeal against this decision which must be exercised within a period of 21 days. The applicant will receive a letter from the Legal Department explaining the position. The appeal window closes on 15^th August and until then the licence remains in force.