To consider a report on the continuance of Personal Licence (PA0129).

The Licensing Sub-Committee considered a report on the determination of the continuance of Personal Licence (PA0129) held by Ms D J Winstanley, following notification of a conviction of a relevant offence under Schedule 4 of the Licensing Act 2003.  Members noted that Ms Winstanley had failed to inform the Licensing Authority of receipt of her conviction for a relevant offence, as required by her as a Personal Licence Holder.  Devon and Cornwall Police had notified the Licensing Authority of the offence on 27 April 2022.

Members noted that the conviction related to an offence committed under the Road Traffic Act 1988 (c52) (b) Section 4 (driving etc. a vehicle when under the influence of drink or drugs).  Ms Winstanley was ordered to pay a fine of £120, costs of £85, a victim surcharge of £34 and was disqualified from driving for an obligatory period of 14 months (the conviction would be spent on 26 June 2023).

The Licensing Authority had written to Ms Winstanley on 27 May 2022, at the address provided by her on her Personal Licence, to notify her that the Licensing Authority was considering suspending (for a maximum of six months) or revoking her licence and inviting her to make representations within 28 days of the date of the notice. Ms Winstanley failed to respond to this notice. The Interim Licensing Manager had since become aware that the address the Licensing Authority holds on file no longer exists, in that the name of the property had changed.  Members noted that Ms Winstanley was under a duty under Section 127 of the Licensing Act 2003 to inform the Licensing Authority of any change to address and that a person commits an offence if they fail without reasonable excuse to comply with this requirement.

The Licensing Authority also wrote to Ms Winstanley on 25 July 2022 advising her of the date of the hearing and inviting her to attend the hearing and submit further information.  This letter was sent to the address provided on her Personal Licence and a copy was also sent to an address provided by the Police, as given by Ms Winstanley in Court.  No response was received to these letters and the letter sent to the address provided by the Police was returned to the Council offices on 3 August 2022 advising that she was not known at that address.

Members resolved to consider the continuance of a Personal Licence in the absence of Ms Winstanley, as she had failed to respond to any communications from the Licensing Authority, or to notify the Licensing Authority of a change of address, having been satisfied in the circumstances, that it was in the public interest to determine this matter.

Decision:

That Ms D J Winstanley’s Personal Licence be revoked in accordance with 132(8) of the Licensing Act 2003 and that this revocation shall have immediate effect.

Reasons for Decision:

Having carefully considered the information provided in the Licensing Officer’s Report of 4 August 2022, Members resolved to revoke Ms Winstanley’s Personal Licence having voted unanimously that in the absence of evidence to the contrary, they could not be satisfied that she was a suitable person to hold a Personal Licence. 

In coming to their decision, Members noted Ms Winstanley’s failure to report her change of address and conviction of a relevant offence to the Licensing Authority.  She had also failed to respond to any communications from the Licensing Authority in respect of this matter and that, as a responsible person, she should have been aware of the requirements of her Personal Licence to keep the Licensing Authority informed.  Members felt that Ms Winstanley’s actions were not those of a responsible Personal Licence Holder and were not satisfied that she was a suitable person to promote the Licencing Objectives in respect of the sale of alcohol.

Members noted that Ms Winstanley had the right to appeal their decision at the Magistrates’ Court.