Agenda and minutes

Councillor Hunter was appointed as Chair for the meeting.

Apologies were received from Councillor Sangster.

Apologies were received from Councillor Pickering for agenda item Appendix B1, Determination of Continued Entitlement to Retain a Licence to Store Explosives and a Licence to Supply Adult Fireworks as she had not had opportunity to read the additional information that had been circulated by the legal representative of the licence holder.

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

Members were asked to declare any disclosable pecuniary interest or other interest they might have in the business on the agenda.

No declarations were made.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 5^th May 2020 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^th May 2020 be approved as a correct record.

At this point, the live stream of the meeting ended.

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 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).

B1) Determination of Continued Entitlement to Retain a Licence to Store Explosives and a Licence to Supply Adult Fireworks

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 it involves 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).

B1)      Determination of Continued Entitlement to Retain a Licence to Store Explosives and a Licence to Supply Adult Fireworks.

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 Chair confirmed with the Sub-Committee Members that reports for the meeting has been read and additional information for the meeting had been received and read.

The Director of Neighbourhood and Environmental Services submitted a report concerning the determination of continued entitlement to retain a licence to store explosives and a licence to supply adult fireworks held by Party Time (Leicester) Ltd of Prebend House, 72 London Road, Leicester LE2 0RQ in respect of its premises at 26 Melton Road, Leicester, LE4 5SE.

The Shop Manager was present with two legal representatives (Solicitor and Counsel). Ms Lesia Wowczuk (Environmental Health Officer presenting the report) and Mr Gurdeep Dosanjh (Environmental Health Officer) and Legal Adviser to the Sub-Committee were also present.

Introductions were made and the procedure for the meeting was outlined.

The Environmental Health Officer presenting the report outlined the details contained within the report and answered questions from Counsel for Party Time (Leicester) Ltd.

Counsel for Party Time (Leicester) Ltd. then presented the case as to why the company should retain the licence to store explosives and the licence to supply adult fireworks and answered questions from Members and officers.

All parties were then given the opportunity to sum up 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.

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.

The Chair announced that the decision and reasons made during private deliberation would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting 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 disconnect from the meeting. The Sub-Committee 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 their decision.

RESOLVED:

That the Licence to Store Explosives and the Licence to Supply Adult Fireworks held by Party Time (Leicester) Ltd of Prebend House, 72 London Road, Leicester, LE2 0RQ at its premises at 26 Melton Road, Leicester, LE4 5EA both be REVOKED.

The Sub-Committee Members had listened carefully to all the representations and taken into account the relevant sections of the Fireworks Regulations 2004, the Explosives Regulations 2014 and the Health and Safety at Work etc. Act 1974. Members had also taken into account Leicester City Council’s Health and Safety Enforcement Policy, relevant guidance issued by the Health and Safety Executive and the Regulators’ Code made under the Legislative and Regulatory Reform Act 2006.

The Sub-Committee decision was to revoke both the licence to store explosives and the licence to supply adult fireworks.

REASON FOR THE DECISION

The reasons for the decision  ...  view the full minutes text for item 65.

The Director of Neighbourhood and Environmental Services submits a report.

Councillor Pickering joined the meeting at this point.

The Chair confirmed with the Sub-Committee Members that the report for the meeting has been read.

The Director of Neighbourhoods and Environmental Services submitted a report concerning the determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The applicant was present. The Licensing Team Manager, Licensing Officer and Legal Adviser to the Sub-Committee were also present at the meeting.

Introductions were made and the Chair outlined the procedure for the meeting to those present.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines. It was brought to the attention of the Sub-Committee that the applicant had been convicted for an offence which fell into the category of violence in the Council’s Policy Guidelines and required that the driver be five years free from conviction.

The applicant set out the reasons why he thought he should be allowed to continue to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members, the Licensing Team Manager, and the Legal Adviser to the Sub-Committee.

All parties were then given the opportunity to sum up 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.

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.

The Chair announced that the decision and reasons made during private deliberation would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting 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 disconnect from the meeting. The Sub-Committee 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 their decision.

RESOLVED:

That the applicant’s Hackney Carriage and Private Hire Vehicle Driver’s Licence be revoked.

The Sub-Committee Members had carefully considered the Committee Report placed before them and had taken into account the Regulators’ Code, the Council’s “Guidelines on relevance of convictions Hackney Carriage and Private Hire Vehicle Drivers” and the oral and written representations.

The Sub-Committee were informed the applicant had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 2008.

On 17^th February 2020, the applicant was convicted at Leicester Crown Court of making threats to kill and stalking. On 23^rd March 2020, he was sentenced to 18 months imprisonment suspended for a period of 18 months, was made subject to a 5-year Restraining Order, and was required to participate in offending behaviour and rehabilitation activities.

The conviction of an offence involving violence gave grounds under section 61(1)(a)(i) of the  ...  view the full minutes text for item 66.

There being no other items of urgent business, the meeting closed at 1.08pm.