Agenda and minutes

Councillor Singh Johal was appointed as Chair for the meeting.

Apologies for absence were received from Councillor Shelton. Councillor Cank was present.

Members are asked to declare any interests they may have in the business to be discussed.

Members were asked to declare any interests they might have in the business to be discussed on the agenda. There were no declarations of interest made.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 5 July 2022 are attached, and Members will be asked to confirm them as a correct record.

RESOLVED:

That the minutes of the meeting of the Licensing Enforcement Sub-Committee held on 5 July 2022 be confirmed as a correct record.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Sub-Committee is entitled to consider certain items in private where in the circumstances the public interest in maintaining the matter exempt from publication outweighs the public interest in disclosing the information.  Members of the public will be asked to leave the meeting when such items are discussed.

The Sub-Committee is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, as amended, and consequently that the Sub-Committee makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.”

Paragraph 1

Information relating to an individual.

Paragraph 2

Information which is likely to reveal the identity of an individual.

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority).

Paragraph 7

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

B1) Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence

B2)Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence

RESOLVED:

That the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involved the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account, it was considered that the public interest in maintaining the information as exempt outweighed the public interest in disclosing the information.

Paragraph 1

Information relating to an individual.

Paragraph 2

Information which is likely to reveal the identity of an individual.

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority).

Paragraph 7

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

B1) Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence

B2)Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence

The Director of Neighbourhood and Environmental Services submits a report.

The Director of Neighbourhood and Environmental Services submitted a report which required Members to make a determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

Prior to commencement of the presentation of the report, Members heard that the driver had requested that the report be taken to a future meeting for consideration to allow for the accompaniment of the driver’s legal representative.

Members agreed that the report could be heard at future meeting of the Licensing Enforcement Sub-Committee.

The Director of Neighbourhood and Environmental Services submits a report.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to make a determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The Chair led on Introductions and outlined the procedure for the meeting.

The driver was present. The Licensing Team Manager (Enforcement) and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Guidelines. The Legal Adviser to the Sub-Committee was also called to give advice on a procedural matter during presentation of the report.

The Licensing Team Manager then showed dash-cam footage of an incident involving the driver and answered questions from Members.

The driver made representations and answered questions from Members and the Legal Adviser to the Sub-Committee.

All parties were given the opportunity to sum up their positions and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options available to them in making their decision.

The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In order to reach their decision, the Sub-Committee felt they should deliberate in private on the basis that it was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.

In reaching their decision the Sub-Committee Members had carefully considered the written report and verbal representation by the Licensing Team Manager (Enforcement). The Members had also considered the representations made by the driver, and the legal advice given to them during the meeting. The Sub-Committee Members had taken account of the relevant policy and statutory guidance.

The Chair announced that full reasons for the decision would be confirmed in writing within five working days. The Chair informed the meeting that the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officer to withdraw from the meeting. Members then deliberated in private to consider their decision.

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That the driver be allowed to RETAIN his Hackney Carriage and Private Hire Vehicle Driver’s Licence subject to the following:

That the circumstances presented in the case, namely the poor standard of driving while undertaking private hire bookings with passengers on 28 May 2022 and 03 June 2022 constituted ‘any other reasonable cause’ under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and that:

1.    A warning letter be issued to the driver reminding him that he must comply with the Council’s Driver Code of Conduct at all times and maintain a good standard of driving at all times.

2.    The following conditions be added to the  ...  view the full minutes text for item 23.

The meeting moved into public session.

The Director of Neighbourhood and Environmental Services submits a report which asks Members to determine an application for a the grant of a Highways Amenities Licence (Street Café) for premises known as Mamba. The applicant is Mr Harjinder Athwal on behalf of the business.

The report is attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546354.

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report which asked Members to determine an application for the grant of a Highways Amenities Licence (Street Café) for premises known as Mamba Bar, 29 Market Street, Leicester, LE1 6DN.

Introductions were made and the procedure for the meeting outlined.

Mr Harjinder Athwal, joint owner for Mamba Bar was present. PC Jeff Pritchard (Leicestershire Police) and Ms Lorraine Moore (Licensing Enforcement Officer) were present having made representations. Also present was the Licensing Team Manager (Enforcement) and the Legal Adviser to the Sub-Committee.

The Licensing Team Manager (Enforcement) presented the report. It was noted an application was received on 18^th July 2022 for the grant of a licence. Within the objection period there were three objections received from a local business, Leicestershire Police and Leicester City Council’s Licensing Enforcement Team, with the objections raising concerns of noise, anti-social behaviour and crime and disorder.

PC Pritchard was given the opportunity to outline the details of the Police representation and answered questions from Members.

Ms Moore was given the opportunity to outline the details of the Licensing Enforcement Team representation and answered questions from Members and Legal Adviser to the Sub-Committee.

Mr Athwal was given the opportunity to present his case, and answered questions from Members, the Police, Licensing Enforcement Officers and Legal Adviser to the Sub-Committee.

All parties were given the opportunity to sum up their positions and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options available to them in making their decision.

The Sub-Committee were also advised of the relevant policy and regulatory code that needed to be taken into account when making their decision,

In order to reach their decision, the Sub-Committee felt they should deliberate in private on the basis that it was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.

In reaching their decision the Sub-Committee Members had carefully considered the written report presented by the Licensing Team Manager (Enforcement) and the written and verbal representations made by Leicestershire Police, Licensing Enforcement Team and Local Business. The Members had also considered the representation made by Mr Athwal, and the legal advice given to them during the meeting. The Sub-Committee Members had taken account of the Council’s Street Café Licensing Policy and the Regulators’ Code.

The Chair announced that full reasons for the decision would be confirmed in writing within five working days. The Chair informed the meeting that the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officers to withdraw from the meeting. Members then deliberated in private to consider their decision.

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:  ...  view the full minutes text for item 25.

The Director of Neighbourhood and Environmental Services submits a report which asks Members to determine an application for the grant of a Highways Amenities Licence (Street Café) for premises known as Grounded Kitchen (Salvador Deli). The applicant is Mr Orenzeb Jussab on behalf of the business.

The report is attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546354.

(Wards affected: Castle)

The agenda item to be taken to the reconvened meeting at 9.30am, 27^th September 2022.

The Director of Neighbourhood and Environmental Services submits a report which asks Members to determine an application for a the grant of a Highways Amenities Licence (Street Café) for premises known as Gelato Village. The applicant is Mr Daniele Taverna on behalf of the business.

The report is attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546354.

(Wards affected: Castle)

The agenda item to be taken to the reconvened meeting at 9.30am, 27^th September 2022.