+xHi All,
I have recently signed a tenancy on a pub and the handover is this friday.
My Alcohol Personal Licence exam was passed successfully and my application has been approved by the local authorities.
It is now with the local police for review and a final decision.
3 years ago I was wrongfully accused of sexual assault on a guy that my daughter was at school with. I was arrested, spent the night in a police cell and then interviewed twice by the police. Protesting my innocence on both occassions.
I was released on bail. The evidence was submitted to CPS and based on what they had in front of them, they asked for more information. This was done through my solicitors.
The individual who filed the complaint then decided to withdraw it 7 months in as he clearly realised that there were holes in his story. The case was dropped, no charges or conviction was made and it was closed and filed.
I am now being told that my pub licence application may be rejected on the basis of the nature of the allegation made against me even though I was cleared of any wrong doing. DBS check does not record any convictions or charges on my record. The police are using the PNC. Any advice here?
I am not going to dox myself, but I have in a past life had some responsibility for alcohol licences. You need to get advice because this was 10 years ago, but I do not think the relevant statues have altered significantly. It is not down to the police to grant a licence. They are one of the "responsible bodies" and they can object, but they are not the ones who are responsible for granting licences. That is the local authority and their licencing committee. It was not uncommon that we granted licences that the police objected to but obviously their claims had to be considered seriously.
The responsible bodies are:
police
local fire and rescue
primary care trust (PCT) or local health board (LHB)primary care trust (PCT) or local health board (LHB)
the relevant licensing authority
local enforcement agency for the Health and Safety at Work etc Act 1974
environmental health authority
planning authority
body responsible for the protection of children from harm
local trading standards
any other licensing authority in whose area part of the premises is situated
Home Office Immigration Enforcement (on behalf of the Secretary of State)
This is the relevant section on the current .gov.uk website (hence why I believe it is still the same process).
If representations are made by a responsible authority or other person, it is for the licensing authority to decide whether those representations are relevant to the licensing objectives and not frivolous or vexatious. If the licensing authority decides that any representations are relevant, then it must hold a hearing to consider them.
If you can, speak to a local licencee to see if they had a local solicitor or licencing consultant, they might give you a pointer in who to ask for help.