Agenda item

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the grant of a personal licence for Jamie Bloomfield.

The report of the Chief Officer Elections and Regulatory advised Members of an application made under section 117(1)(a) of the Licensing Act 2003 ("the Act") for a Personal Licence in respect of Jamie Bloomfield.

In attendance at the meeting were:

·  Mr Jamie Bloomfield - Applicant

·  Mr Bob Patterson – West Yorkshire Police (WYP)

The Legal Officer outlined the procedure for the hearing.

At this point the member of the press was asked to leave the Committee Room for the reasons set out at Minute 3.

The Licensing Officer provided the Licensing Sub Committee with the following information:

·  The application had been adjourned at hearing on the 4th July 2023. To allow the applicant to attend. The new date was agreed on the day and all parties had been duly notified.

·  The application for a Personal Licence was for Jamie Bloomfield. A copy of the application can be found at Appendix A (Restricted access under 10.4(1), 10.4(2) and 10.4(7) of the Access to Information Procedure Rules). It was noted that a personal licence allows the holder to authorise the sale or supply of alcohol in all venues with a premises licence in England and Wales and lasts indefinitely. A personal licence holder can also act as the Designated Premises Supervisor on a relevant alcohol licensed premises and request up to 50 Temporary Event Notices per year as the premises user.

·  The application was validated on the 25th May 2023 and West Yorkshire Police were notified of the application on the 25th May 2023.

·  Members are required to consider this application due to the receipt of an objection notice served by West Yorkshire Police. On 7th June 2023 West Yorkshire Police served an objection notice to the personal licence application for Jamie Bloomfield on the grounds of preventing crime and disorder. A copy of the objection notice and information supplied by West Yorkshire Police in support of their objection was appended to the report at Appendix B (Restricted access under 10.4(1), 10.4(2) and 10.4(7) of the Access to Information Procedure Rules).

The applicant Mr J Bloomfield informed the Licensing Sub-Committee that he wished to have a personal licence so that he could sell his own brand of rum.

He was aware of the objections to his personal licence brought by WYP and informed the Sub-Committee that the criminal activities mentioned by the police had happened 23-24 years ago.

He said a personal licence would allow him to sell and promote his own brand of rum at rum festivals around the country and through his website.

In response to questions from the Sub-Committee Mr Bloomfield provided the following information:

·  He explained that a personal licence would help him promote his rum brand, as he would be able to sell it himself from his website. He had arranged for a distiller in Surrey to distribute the product for him around the country.

·  In the last 20 years he had turned his life around, he now had a family to provide for and he had a takeaway business in Headingley, called Jerk Express.

·  In the last 20 years he had had numerous jobs including working for DHL, an electrical company and Ainsley’s Bakery. He started the takeaway business about five years ago, he had started another in Seacroft, but it had been just before the pandemic, and he had closed the Seacroft premises as he could not sustain two businesses through Covid.

Mr Patterson from WYP provided the following information for the Sub-Committee:

·  It was noted that a person taking an order for online sales did not need a licence, only the distributor would need a licence.

·  He said that this application had not been straight forward due to the information on the DBS certificate and the information on the PNC and the fact the activities had happened a long time ago. He had consulted with a police solicitor and provided the Sub-Committee with the advice of the police solicitor in the decision to put in an objection to the application.

·  Mr Patterson provided an explanation on the 2003 Act and the 1974 Act in relation to current and unspent convictions. He explained that the police had some concerns in relation to Mr Bloomfield’s lifestyle 20 years previously especially in relation to Section 182, and Mr Bloomfield would need to convince the Sub-Committee that he had changed and turned his life around.

In relation to further questions from Members to Mr Bloomfield, WYP and officers the following information was provided:

·  Even if this application had been put forward in 5 years’ time the police would still have brought an objection due to the case being highly unique.

·  Distribution through the distillery would be for bulk orders. He would be selling through rum and gin festivals and his own website.

·  It was noted that as a personal licence holder he could have up to 50 Temporary Event Notices (TEN’s) per year. It would depend on how a festival was licensed as to how many TEN’s Mr Bloomfield would need to apply for.

·  Mr Bloomfield advised the Sub-Committee that a lady and her family were due to take over the running of the takeaway business, so he could concentrate on his rum business.

·  Mr Bloomfield said he still lived in the same area but did not have any contact with persons he had known 20 years ago. He now has a family to look after and there is no chance of contact with the previous group of friends.

In summing up Mr Bloomfield said he had turned his life around and wished only to do the best for his family.

The Legal Officer queried the information brought by the police as part of their objection. He had checked the information provided and read out the guidance set out in the 2003 Act. Mr Patterson reiterated that he had sought advice from the police solicitor. The Legal Officer said that as a Licensing Sub-Committee the information provided by DBS could not be relied on and the Licensing Sub Committee would be looking at the guidance of the 2003 Act. The Legal Officer was of the view that the information was incorrect with regard to the spent/unspent status of some of the historic convictions.

Members discussions included:

·  The DBS and PNC evidence that had been brought by the police.

·  Mr Bloomfield wanted to promote his own drinks company.

·  The Legal Officer advised the Members of the Sub Committee that he had received information from the Licensing Officer that Mr Bloomfield was the Director of the Jerk Express Takeaway, and these premises were licensed to sell alcohol.

RESOLVED – To grant a Personal Licence to Mr Jamie Bloomfield.