First Conviction for false statements in licensing proceedings

The more observant may have noticed the warning contained in all Licensing application notices:

“It is an offence for anyone knowingly or recklessly to make a false statement in connection with a Licence Application.”

It has been so since the inception of the Licensing Act 2003 following the creation of s.158. Originally punishable by a fine of up to £5000, the fine in now unlimited.

Although the need to avoid false statements is obvious, the number of convictions for contravening this section now stands at one (20+ years after the Act came into force). The first person convicted was Mr. Attanasio D’ Aponte (aka Aldo D’Aponte) who pleaded guilty to the charge of an offence under s. 158 on16th April 2025 at Westminster Magistrates’ Court. Aldo D’Aponte, 47, the CEO of Arbitrage Group Properties, admitted faking two letters from “concerned neighbours” in an attempt to block the reopening of Heaven nightclub.  D’Aponte received a 12‑month conditional discharge, plus £85 in costs and a £26 victim surcharge.

Heaven was represented in the Licensing case by leading Licensing Barristers Philip Kolvin KC and Sarah Clover.

The conviction was reported in the Guardian, and the article included a quote from a Metropolitan police source who reportedly said the use of AI to generate letters by complainants who do not exist is a growing issue.

A person is treated as making a false statement if they produce, furnish, sign or otherwise makes use of a document that contains a false statement. The use of AI to help craft a representation would not contravene s. 158 if the final representation does not knowingly or recklessly include a false statement.  

During their careers, many practitioners will have harboured suspicions about objections, but it is rare to raise an actual accusation. It is not unusual for objectors to not ever appear in person during a case, with the Licensing Authority only relying upon written correspondence.

Following the conclusion of the Heaven case (which resulted in the reopening of the Premises) Mr Kolvin KC, suspicious of some correspondence filed in the case from alleged residents, undertook his own investigation which culminated in charges being brought and a conviction being secured against D’Aponte.  A link to a more detailed note of the facts was produced by Mr Kolvin’s chambers and can be found here.