Agenda and minutes

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no disclosures of interest.

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following were relevant:

·         The Police and Crime Act 2017 which gives licensing authorities the power to revoke or suspend personal licences, with effect from 6 April 2017. 

·         Schedule 4 of the Licensing Act 2003 – which states that the Road Traffic Act 1988 (c. 52) (c) section 5 (driving etc. a vehicle with alcohol concentration above prescribed limit) is a relevant offence. 

·         Section 132A of the Licensing Act 2003 and;

·         Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003:

Paragraphs 4.45 – 4.50 – powers to revoke or suspend personal licences.

The Sub-Committee received a report from the Licensing Officer who stated that the Sub-Committee had been convened to consider whether any action should be taken in relation to Mr Ian Forward, following his conviction for an offence for driving a vehicle with alcohol above the prescribed limit.  Mr Forward held a Personal Licence to sell alcohol issued by Guildford Borough Council, under Part 6 of the Licensing Act 2003.  The Sub-Committee noted that when a licensing authority had granted a personal licence and became aware that the licence holder had been convicted of a relevant offence or foreign offence or been required to pay an immigration penalty, a licensing authority may revoke the licence or suspend it for a period of up to six months. 

Mr Forward was currently the Designated Premises Supervisor for The Casino, Guildford and had been employed in that role since 17 June 2017.  On 31 October 2019, Mr Forward was involved in a collision with a brick wall whilst driving his car in Mary Road, Guildford and was prosecuted for driving a vehicle with alcohol levels above the prescribed limit.  Following his conviction at Basingstoke Magistrate’s Court he was disqualified from driving for 12 months and fined £230.  The Sub-Committee had to consider whether to suspend, revoke or take no action in relation to Mr Forward’s Personal Licence to sell alcohol.  If the Sub-Committee proposed not to revoke the licence, the licensing authority were required to notify the Police and invite representations regarding the issue of whether the licence should be suspended or revoked giving them 14 days to make representations.  If the Sub-Committee suspended or revoked the licence, Mr Forward would have 21 days in which to appeal. 

The Sub-Committee noted that on 20 February 2020, Mr Forward had submitted two representations made on his behalf endorsing the good work he had undertaken as a DPS since being employed at The Casino, Guildford.  Those representations were by Jane Lyons, Chair of Guildford Pub Watch and Pete Lambert, Town Safety and Venue Liaison Manager. 

The Senior Specialist Solicitor advised the Sub-Committee that owing to the fact that this was the first time that Guildford Borough Council had considered such a case, it was important to outline the procedure which applied.  The only  ...  view the full minutes text for item 2.