Licensing Officers Use Of 'Simple' Cautions For Minor Breaches Of The Licensing Act (2003).
Dear Liverpool City Council,
Licensing Enforcement officers appear to be using what’s referred to as ‘simple’ cautions now, where there’s a minor infraction of a premise licence. Can anyone explain what this ‘simple’ caution is? Where do these officers derive the power to give such cautions in law & what is the penalty for refusal? The Licensing Act (2003) is supposed to be remedial in nature and not punitive in the first instance and the local authority is supposed to help licence holders to uphold and promote the licensing objectives. A caution is punitive and in lieu of a prosecution, who decided on this policy & what democratic process did it follow? Where are the minutes of this process?
Yours faithfully,
Karl Barry
Dear Karl Barry
Please note:
We would at this time advise that Liverpool City Council in common with
other public authorities is presently dealing with, responding to and
affected by the current public health emergency arising from Coronavirus.
When we have sufficient personnel to be able to deal with, and respond to,
your request we will do so in due course.
We thank you for your patience at this time whilst staff are diverted to
maintaining essential services for the residents of Liverpool during this
current public health emergency.
Freedom of Information Act 2000
Thank you for your request for information that was received on 26 May
2022 concerning:
Dear Liverpool City Council,
Licensing Enforcement officers appear to be using what's referred to as
'simple' cautions now, where there's a minor infraction of a premise
licence. Can anyone explain what this 'simple' caution is? Where do these
officers derive the power to give such cautions in law & what is the
penalty for refusal? The Licensing Act (2003) is supposed to be remedial
in nature and not punitive in the first instance and the local authority
is supposed to help licence holders to uphold and promote the licensing
objectives. A caution is punitive and in lieu of a prosecution, who
decided on this policy & what democratic process did it follow? Where are
the minutes of this process?
Yours faithfully,
Karl Barry...
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 27 June 2022.
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Yours sincerely,
Information Team
Liverpool City Council
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Dear Liverpool City Council,
The response to my request has been delayed. By law, the authority should normally have responded promptly and by 27 June 2022.
I am now asking for an internal review of this non-compliance.
Yours sincerely,
Karl Barry
Dear Karl Barry
Thank you for your request for information received on 26 May 2022.
Apologies for the delay in responding to your request.
Please find attached our response to your request.
Yours sincerely,
Information Team
Liverpool City Council
NOTE: Please do not edit the subject line when replying to this email.
LIVERPOOL CITY COUNCIL DISCLAIMER
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee.
If you are not the intended recipient, an addressing or transmission error
has misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email.
Any views expressed in this email are those of the individual sender,
except where the sender specifically states these to be the views of
Liverpool City Council.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Liverpool City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.
Dear Liverpool City Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Liverpool City Council's handling of my FOI request 'Licensing Officers Use Of 'Simple' Cautions For Minor Breaches Of The Licensing Act (2003).'.
This local authority did not explain which specific legal instrument was being used to empower licensing officers to issue simple cautions.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...
Yours faithfully,
Karl Barry
Dear Karl Barry
Please see attached the outcome of the internal review you requested in
relation to the above referenced case.
Regards
Liverpool City Council
[1][email address]
[2][IMG]
References
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1. mailto:[email address]
2. https://liverpool.gov.uk/council/vision-...
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