Licensing (Activities) Sub-Committee – 14 August 2008
Chair: To be appointed
Venue: Council Chamber, Pittwood House, Ashby Road, Scunthorpe
- Appointment of Chair.
- Declarations of personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
- Licensing Act 2003 – Notice of Hearing
- Application for the grant of a personal licence – Mr Rajinder Robert Singh Chatha
- Any other items which the chair decides are urgent by reason of special circumstances which must be specified.
PRESENT: Councillors Eckhardt, O’Sullivan and Smith
The sub-committee met at Pittwood House, Scunthorpe.
727 CHAIR – Resolved – That Councillor O’Sullivan be and she is hereby appointed chair for the meeting.
Councillor O’Sullivan thereupon took the chair.
728 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests.
729 (19) LICENSING ACT 2003 – APPLICATION FOR THE GRANT OF A PERSONAL LICENCE, MR RAJINDER ROBERT SINGH CHATHA – The Service Director Neighbourhood and Environment submitted a report advising members of an application for the grant of a personal licence by Mr Rajinder Robert Singh Chatha.
Details of the application were outlined in the report, together with the personal licence application form. Members were also in receipt of additional documents submitted by Humberside Police objecting to the personal licence application.
The applicant as well as a Humberside Police Officer addressed the sub-committee and responded to questions.
The Service Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:
- To grant the licence;
- To reject the application
Following the summary of the case of the applicant as well as Humberside Police, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows:-
Resolved – The Sub-Committee resolved unanimously to grant the personal licence.
The Police objection was brought under Schedule 4 Section 19 of the Licensing Act 2003 which was a violent offence, being an offence which was likely to lead to death or physical injury to a person.
The Sub-Committee accepted that the evidence provided by the Police may indicate a violence offence. However, it was concerned that the actual conviction was for Criminal Damage and that the element of violence was not considered or tested by the Magistrates Court. Therefore, the Sub-Committee do not consider the offence of Criminal Damage to be a relevant offence under the Licensing Act 2003.
The Sub-Committee would like to warn the applicant that any future relevant offences will be brought to the attention of the Sub-Committee by the Police and the licence may be reviewed again in the future.