Legal Guidance and Research / Experts / Joe Harvey
Joe Harvey#11500

Joe Harvey

Joe is a specialist licensing and regulatory solicitor at Poppleston Allen. Prior to moving into licensing, Joe amassed nearly 20 years’ experience in criminal defence dealing with a mixed practice of general and serious crime as well as regulatory offences.
 
Joe holds both and LLM and LLB as well as being a qualified duty solicitor and holding Higher Rights of Audience (Criminal Proceedings). He also holds the APLH (Award for Personal Licence Holders) and SCPLH (Scottish Certificate for Personal Licence Holders).
 
In Joe’s criminal defence practice, he has achieved numerous appearances in the Court of Appeal (Criminal Division) as well as Crown Courts and Magistrates’ Courts around the country. Joe’s regulatory work has included prosecutions by Fire Authorities, Local Authorities, Health and Safety Executive, DVSA and Department of Work and Pensions. Notably, he acted for a defendant in a £600,000 VAT fraud investigated by HMRC.
 
Joe’s licensing work focuses on alcohol and associated licenses. His practice has included successfully obtaining licences following contested hearings with multi representations from residents, police and Environmental Health. He is a regular contributor to the Morning Advertiser writing on licensing law issues.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2007

Experience

  • Poppleston Allen Solicitors (2022 - Present)
  • Elliot Mather LLP Solicitors (2008 - 2022)
  • Ward and Griffiths Solicitors (2004 - 2008)
  • De Montfort University (2006 - 2010)

Qualifications

  • LLM (2009)
  • LPC (2006)
  • LLB (2004)

Education

  • De Montfort University (2001, 2008)
  • Nottingham Law School (2004)

2 Contributions by Joe Harvey

Offences, defences and penalties under the Licensing Act 2003: time limits, enforcement and sentencing (England and Wales)
PRACTICE NOTES
Offences, defences and penalties under the Licensing Act 2003: time limits, enforcement and sentencing (England and Wales)
Offences under the Licensing Act 2003 All offences created by the Licensing Act 2003 (LA 2003) are summary-only, meaning they are heard solely in the magistrates’ court. Ordinarily such matters must be brought within six months of commission (Magistrates’ Courts Act 1980, s 127), but LA 2003, s 186(3) provides that, for these offences, the deadline to lay an information runs to twelve months from the date of the offence. Proceedings are commonly commenced by postal requisition. Licensing Authorities, the police, or the local Weights and Measures Authority may prosecute any LA 2003 offence. In addition, the court may order the forfeiture of a personal licence or suspend it for up to six months, and can also direct the forfeiture of any goods involved (eg alcohol). Following conviction for a relevant offence within LA 2003, s 113(1), the police may object to any application for a personal licence, and the Licensing Authority must convene a hearing to determine whether the applicant should be granted a personal licence...
Corporate Crime
Under-18 alcohol offences under the Licensing Act 2003: sales, supply, permitting, persistent sales and purchase—time limits, defences, sentencing and alternatives (England and Wales)
PRACTICE NOTES
Under-18 alcohol offences under the Licensing Act 2003: sales, supply, permitting, persistent sales and purchase—time limits, defences, sentencing and alternatives (England and Wales)
This Practice Note provides an outline of the principal offences relating to the sale of alcohol to under‑age children under the Licensing Act 2003 (LA 2003). For general information on alcohol licensing, see: Licensing of alcohol and entertainment—overview. It highlights the principal legal provisions governing such sales. The children and alcohol offences LA 2003 establishes a wide array of child‑related alcohol offences that may arise in practice. The most common are the following, set out below: sale or supply of alcohol to children permitting the sale or supply of alcohol to children persistently selling alcohol to children purchase of alcohol by or on behalf of children Note, however, that purchase of alcohol by or on behalf of children under LA 2003, s 149 is rarely prosecuted in practice. All offences under LA 2003 are summary‑only matters that can be tried only in the magistrates' court, with some exposing offenders to an unlimited fine and/or imprisonment (see Practice Note: Summary of offences under the Licensing Act 2003). Time limits for bringing proceedings The period for commencing proceedings for offences under LA 2003 is 12 months from the date of the offence (as opposed to the usual six‑month time limit for summary‑only offences)...
Corporate Crime
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