Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Personal Licence Application

Applicant:    Mrs Elaine M Voke

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on Monday 01 July 2013 and resolved to approve Application 13/00990/LIA in respect of a personal licence for Mrs Elaine Marie Voke subject to a number of conditions which are set out below.

In coming to their decision, the Sub-Committee had regard to the licensing objective for 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:           Elaine Marie Voke

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

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that the Application reference13/00990/LIA in respect of a personal licencebe granted. 

REASONS:

The Sub-Committee in reaching this decision considered that the offence referred to in the Police Objection had taken place a long time ago.  Furthermore, the Sub-Committee did not consider that there was any evidence before them which suggested that the Applicant had a propensity to commit this type of offence.  Therefore, the Sub-Committee considered that it was appropriate to grant the personal licence as to do so did not undermine the crime prevention objective.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning the Personal Licence Application 13/00990/LIA in respect of the application of Mrs Elaine M Voke.

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

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

In accordance with S120 of the Licensing Act 2003 and the West Berkshire Council Licensing Policy, the application 13/00990/LIA a Personal License in the name of Mrs Elaine M Voke was referred to the Licensing Sub Committee for determination following receipt of the police objection notice.

The Licensing Sub-Committee having regard to the notice must (i) reject the application if it considered it necessary for the promotion of the crime prevention objective or (ii) grant the application in any other case.

Mrs Elaine M Voke submitted an application on 06 June 2013 to West Berkshire Council licensing under section 117 of the Licensing Act.  Mrs Voke provided a basic disclosure of convictions dated 29 May 2013 and completed a self declaration that disclosed an unspent conviction for being in charge of a motor vehicle with excess alcohol contrary to S5(1) b of the Road Traffic Act 1988.  The matter was heard on 29 May 2009 at Sonning Magistrates Court and was disposed of by way of a disqualification from driving, fine and costs.  The offence was a ‘relevant’ offence as specified under Section 113(1) of LA03 and was 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 07 June 2013.

Thames Valley Police submitted an objection notice on 14 June 2013.  The nature of representation was the Crime and Disorder objective.  There was no record of any mediation having taken place.  No other representations had been received.

Mrs Elaine M Voke, in addressing the Sub-Committee, raised the following points:

Mrs Voke said that it was a stupid decision she made four (4) years ago for which she was very sorry.  Mrs Voke said that she went to pick up her partner and had no intention of going into the pub.  When she got there the car park was full so she parked her car round the corner on double yellow lines and walked back to get her partner.  She then stayed drinking until the pub closed and upon leaving phoned for a taxi.  As they walked round the corner she saw a parking space in the pub car park and made the decision to move her car so that she would not find it ticketed in the morning when she came back to retrieve it.  It was the most stupid decision for which she was very remorseful and she would never make the same mistake again.

Councillor Quentin Webb asked Mrs Voke to  ...  view the full minutes text for item 2.