Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

There were no declarations of interest received.

Proposal:     Personal Licence Application

Applicant:    Raffaele Vigliotti

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 20^th November 2012 and resolved to reject Application Number 12/01615/LIA for a Personal Licence submitted by Raffaele Vigliotti.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.                 the prevention of crime and disorder;

2.                 public safety;

3.                 the prevention of public nuisance; and

4.                 the protection of children from harm.

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 and West Berkshire Council’s licensing policy.

The Sub-Committee heard representations made by:

1.                  The Applicant:           Mr Raffaele Vigliotti

2.                  The Objectors:           Mike King on behalf of Thames Valley Police

Having taken those representations into account, the Licensing Sub-Committee RESOLVED to refuse Application Number 12/01615/LIA for a Personal Licence submitted by Mr Vigliotti, for the following reasons:

1.                  Mr Vigliotti was convicted of assault occasioning actual bodily harm at Reading Crown Court on the 25 August 2010.  This is a relevant offence for the purposes of section 120 (2)(d) Licensing Act 2003 (as prescribed under section 113 and paragraph 19 of Schedule 4 of the Licensing Act 2003, being a violent offence which leads/is intended to lead/is likely to lead to physical injury to a person).

2.                  Following conviction, Mr Vigliotti was sentenced to a conditional discharge and was ordered to pay compensation.  The rehabilitation period under the Rehabilitation of Offenders Act 1974 where a compensation order is imposed is five years from the date of conviction (see section 5 (2), Table A). Therefore the conviction is not spent.

3.                  The Sub-Committee noted that the conviction related to a very serious assault and that the matter had been referred to the Crown Court because it was so serious.  The Sub-Committee also noted that there was more than half of the rehabilitation period remaining in respect of the offence, before it would become spent for the purposes of the Rehabilitation of Offenders Act 1974.  

4.                  The Sub-Committee noted that Police objected to the grant of the licence and were mindful of paragraph 9.12 of the Statutory Guidance, which stated that the Police should be the Licensing Authority’s main source of advice on matters relating to the promotion of the crime and disorder licensing objective.

5.                  The Sub-Committee also had regard to the guidance in Chapter 4 of the Statutory Guidance, which explained the significant responsibility placed on personal licence holders in connection with the sale and supply of alcohol, due to the impact of this on the wider community and on crime and anti-social behaviour.

6.                  The Sub-Committee had regard to the representations of Mr Vigliotti that prior to the incident, he was of good character with no convictions in the past 53 years, and it was noted that Mr Vigliotti stated that he did not suggest that his actions were right.  However, it was considered that Mr Vigliotti’s representations did not overcome the Police objection.

7.                  For all the reasons given above,  ...  view the full decision text for item 9.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning the application for a Personal Licence number 12/01615/LIA for Mr Raffaele Vigliotti.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr Raffaele Vigliotti (Applicant) and Mr Mike King (representative - Thames Valley Police) addressed the Sub-Committee on this application.

Ms Matheou, in addressing the Sub-Committee, raised the following points:

Mr Raffaele Vigliotti of The Hedges, Bath Road, Padworth, Reading, Berkshire RG7 8QS submitted an application on 08 October 2012 to West Berkshire Council Licensing for a Personal Licence to be granted under section 117 of the Licensing Act.

When submitting the application Mr Vigliotti provided a basic disclosure of convictions dated 03 October 2012 and completed a self declaration disclosing an unspent conviction for assault occasioning actual bodily harm.

This matter was heard on 25 August 2010 at Reading Crown Court and was disposed of by way of conditional discharge, costs and compensation.

The offence appeared to be a ‘relevant’ offence as specified under Section 113(1) of LA03 and is listed in Schedule 4 of the Act.  Under section 120(4) of the Act; the Licensing Authority is required to give notice to the Chief Officer of Police for the area.  Notice was given on 11 October 2012.  Representations were made on 19 October 2012 by Mike King Thames Valley Police Licensing Officer.  Nature of representations:  Crime and Disorder objective.  There was no evidence that mediation had taken place.

Mr Raffaele Vigliotti, in addressing the Sub-Committee, raised the following points:

Mr Vigliotti advised that he did not say that what he did was the right thing to do.  He went on to say that all the evidence prior to the event was about how he had helped the people over a long period of time.  His record over the past 53 years was crystal clear with no previous convictions; he had never before struck anyone and therefore asked the Licensing Sub-Committee to take this into account and for them to give careful consideration to those facts.  He said that he was capable of holding a personal licence and would act responsibly.

Councillor Jeff Beck asked if there were any questions for Mr Vigliotti from the Licensing Sub-Committee.  No questions were asked.

Mr Mike King, in addressing the Sub-Committee, raised the following points:

The Police used the National Computer (PNC) to conduct searches on every individual that applied for a Personal Licence.  Such a search was conducted on Mr Vigliotti and it came positive on a PNC record.  The crime report was recovered and a copy of the report was enclosed with the papers for the hearing.

As the crime report advised, Mr Vigliotti and others were involved in a particularly serious assault in which the aggrieved was repeatedly kicked and punched resulting in him receiving a broken arm, lots of bruising, one eye completely closed and the other eye partially closed upon attendance at Hospital.  Initially during conversation the aggrieved had concerns with  ...  view the full minutes text for item 9.