Agenda, decisions and minutes

To receive any declarations of interest from Members.

There was one declaration of interest received.  Mr Chris Ellerington (Licensing Officer WBC) advised the licensing hearing attendees that he knew the applicant socially in the course of Mr Kimber’s job.  Mr Ellerington only realised this when Mr Kimber, in the reception area, approached him before the hearing started in the WBC Council Chamber.  Mr Ellerington advised that the report he would be presenting had been written by Emilia Matheou (Licensing Officer WBC), but thought that he should bring this to the panels’ attention.  Cllr Paul Bryant (Chairman) asked if anyone had any objection to Mr Ellerington continuing to present the introduction to this case.  No objections were put forward.

Proposal:     Application for a Personal Licence

Applicant:    Mr James R Kimber, The Brambles, 53 Victoria Road, Mortimer RG7 3SL

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 25 March 2013 and resolved to approve Application 13/00350/LIA in respect of a Personal Licence for Mr James R Kimber subject to a number of conditions which are set out below.

In coming to their decision, the Sub-Committee had regard to the following licensing objective:

1.                 the prevention of crime and disorder

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 James Robert Kimber

2.                  The Objector:  Thames Valley Police Licensing Officer, Mr Mike King

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that the Application be granted.  The Sub-Committee also gave the reason for their decision:

In all of the circumstances,  the Sub-Committee did not consider it to be necessary to reject Mr Kimber’s application in order to promote the prevention of crime and disorder objective.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 13/00350/LIA in respect of the application of Mr James Robert Kimber for a Personal Licence.

In accordance with the Council’s Constitution, Chris Ellerington (Licensing Officer, West Berkshire Council), Mr James Robert Kimber (Applicant) and Thames Valley Police Licensing Officer, Mr Mike King addressed the Sub-Committee on this application.

Mr Chris Ellerington, in addressing the Sub-Committee, raised the following points. 

Mr James Robert Kimber of the Brambles, 53 Victoria Road, Mortimer Common, Reading, Berkshire RG7 3SL submitted an application on 19 February 2013 to West Berkshire Council Licensing for a Personal Licence to be granted under section 117 of the Licensing Act.

When the application was submitted, Mr Kimber provided a basic disclosure dated 19 February 2013 with convictions, together with a self declaration that disclosed the unspent conviction – for driving a motor vehicle with excess alcohol.

The matter was heard on 13 November 2009 at Reading and Sonning Magistrates Court and was disposed of by way of disqualification from driving, fine and costs.  The offence is 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 was required to give notice to the Chief Officer of Police for the area.  Notice was given on 19 February 2013.

Representations were made on 20 February 2013 by Mr Mike King, Thames Valley Police Licensing Officer.  Nature of representation:  No grounds provided (Crime and Disorder objective).  There was no evidence that any mediation had taken place.

This report had been written by Emilia Matheou (Licensing Officer WBC).

Cllr Jeff Beck asked Mr Ellerington for clarification on the dates specified in the application.  The papers were stamped as being received on the 19 February 2013, but the date filled in on the declaration was the 23^rd August 2012.  Mr Ellerington advised that he could not comment as to the discrepancy.

Mr James Robert Kimber, in addressing the Sub-Committee, raised the following points.  He totally regretted his actions on that particular night.  Mr Kimber believed he was a responsible human being and in the future he intended to own his own gastro pub.  He hoped that the panel would look kindly on him as he had not committed any further instances of drink driving.  That was all he had to say.

Cllr Adrian Edwards commented on the different addresses stated on the application.  Mr Kimber replied to say that he had completed his Personal Licence Holders training at one address and they had subsequently dealt with the paperwork on his behalf.  The other address was his personal home address.

Cllr Jeff Beck asked Mr Kimber about the date discrepancy on his application form.  Mr Kimber advised that he had completed the application form on the 23 August 2012, but had then put it to one side due to being busy with work.  This was the only reason for the delay in signing  ...  view the full minutes text for item 4.