AS the Vice Chair of Bolton Council Licensing Committee where, as one of our functions, we hear cases of alleged misconduct by licence holders I wish to respond to comments in the article ‘Taxi drivers face safe and suitable grilling’ and to reassure the public and those who hold licences as to how the Committee functions. Councillors appointed to these committees receive training Fifteen councillors sit on the Licensing Committee and hear misconduct cases and a council legal adviser is present and has an important role in assisting councillors.

Throughout the hearing the Chair oversees that enough time is taken, that a hearing that is fair to the licence holder takes place, that facts are made clear, that time is made available for written material to be read by all parties and that councillors can seek guidance and further information including the recall of witnesses before final committee decisions are made.

All licence holders have a conditions of licence issued to them with their licence which include instruction on personal conduct, convictions and passengers and other matters. Misconduct is matters pertaining to being a fit and proper person and not just matters that have occurred that are criminal. Unlike criminal court where decisions are made on ‘beyond reasonable doubt’ in local authority licensing committees decisions are made on ‘the balance of probabilities’.

A Judge, Mr Justice Silber, has given legal observation on why a licensing function may remove a licence and councillors are also guided by legal opinion. Every time we hear a misconduct case all committee councillors receives this guidance in their papers. It is important because government legislation allows local authority licensing committees to revoke licences as a consequence of convictions but also for ‘any other reasonable cause’. After decision at Licensing Committee misconduct hearing there is a right of appeal to the Magistrates Court. Most hearings at committees are not open to the public. It can be said that this can make visible accountability to the public of the Bolton Borough by councillors who serve on licensing somewhat harder to achieve.

Cllr Sue Haworth

Bolton Council