Agenda and draft minutes

Virtual meeting, Licensing and Enforcement Sub Committee - Wednesday, 24th August, 2022 9.30 am

Venue: Online via the Zoom app

Contact: Sarah Jenkins  01395 517406; email  sjenkins@eastdevon.gov.uk

Media

Items
No. Item

11.

Minutes of the previous meetings held on 8 June 2022 and 15 June 2022 pdf icon PDF 49 KB

Additional documents:

Minutes:

The minutes of the previous meetings held on 8 June 2022 and 15 June 2022 were agreed.

12.

Declarations of interest

Guidance is available online to Councillors and co-opted members on making declarations of interest

 

Minutes:

There were no declarations of interest.

13.

Matters of urgency

Information on matters of urgency is available online

 

Minutes:

There were no matters of urgency.

14.

Confidential/exempt items

To agree any items to be dealt with after the public (including the Press) have been excluded. Thereare no itemswhich officersrecommendshould be dealtwithin thisway.

 

Minutes:

There were no confidential / exempt items.

15.

To consider the suspension or revocation of a personal licence issued by this Licensing Authority pdf icon PDF 482 KB

Additional documents:

Minutes:

The Licensing Officer outlined the matter which was before the Sub Committee for consideration.

 

The personal licence holder, Mr Hayball, has held a personal licence since 2005 when the current Licensing Act commenced, and prior to that held a position as a licensee under the 1964 Licensing Act.

 

The Licensing Act 2003 states that a Licensing Authority may suspend or revoke a personal licence when it becomes aware that the holder of a personal licence has been convicted of any relevant offence.  Mr Hayball has been convicted of three counts of sexual assault with confirmation of the convictions and the sentence imposed set out at Appendix B of the report.  Mr Hayball has received a custodial sentence of 18 months.

 

The Licensing Officer set out a timeline of events as to how the Licensing Authority came by the information.

 

Mr Hayball was convicted at Exeter Crown Court on the 28 March 2022.  This information came to the attention of the Licensing Authority on 19May 2022 when a member of the Licensing team contacted Mr Hayball’s partner by telephone regarding a discrepancy with her address.  Mr Hayball came to the telephone and explained that he had been convicted of three offences and was awaiting sentencing which was due to take place on the 24 May 2022.  Mr Hayball was advised that he would need to contact the Licensing Authority once sentencing had taken place.  The Licensing Authority received no communication from Mr Hayball and obtained details of the sentencing through the local press.  A certificate of conviction had been obtained from the Crown Court.

 

The Licensing Officer advised that personal licence holders have a number of obligations.  These are clearly set out on page 2 of Mr Hayball’s personal licence, and, it was noted that these obligations had not been met.  As far as the Licensing Authority is aware, Mr Hayball had not advised the Crown Court that he is a personal licence holder, which he also had a duty to do if charged or goes to Court for a relevant offence.  Personal licence holders are also required to give written notice of conviction and any sentence to the Licensing Authority, and Mr Hayball had failed to give such notice.

 

The Licensing Act sets out that if a Licensing Authority is considering suspension or revocation, it must notify the personal licence holder and invite them to make any representations.  The notice and Mr Hayball’s response are set out at Appendix C and Appendix D respectively of the report.

 

The Sub Committee was asked to consider whether to suspend the licence for a period not exceeding six months, or revoke the licence, with a view to promoting the licensing objectives.  It was also open to the Sub Committee not to revoke the licence, in which case the Licensing Authority would have a duty to notify the Police and invite the Police to submit their own representation, which would then come back to the Sub Committee for further consideration. 

 

In response  ...  view the full minutes text for item 15.