Agenda and minutes

RESOLVED:

                       That Councillor Hunter be appointed as Chair for the meeting.

The Chair outlined the procedure for the meeting to be followed and led on introductions.

There were no apologies for absence.

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

Members were asked to declare any interests they may have in the business on the agenda.

There were no declarations of interest made.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 2^nd June 2020 are attached, and Members will be asked to confirm them as a correct record.

RESOLVED:                

That the minutes of the meeting held 2 June 2020 be approved as a correct record.

At this point, the live stream of 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 3

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

B1) Personal Licence Review Application

B2)Personal Licence Review Application

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 affairs of any particular person (including the authority)

B1) Personal Licence Review Application

B2) Personal Licence Review Application

The Director of Neighbourhood and Environmental Services submits a report.

The Chair confirmed with the Sub-Committee Members that reports for the meeting had been read.

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for the review of an existing Personal Licence.

The applicant was not present. The Licensing Team Manager and Legal Advisor to the Sub-Committee were present.

It was noted that all relevant documents had been sent to the applicant, but the applicant had made no contact with the Licencing Team. Members agreed that the meeting should proceed without the applicant being present.

The Licensing Team Manager outlined details of the application including the relevant City Council Policy Guidelines and drew Members’ attention to the convictions referred to in the report.

The Sub-Committee received legal advice from the Legal Advisor 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 the reasons made during private deliberation would be publicly announced within five working days. The Chair informed the meeting that the Legal Advisor 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 disconnect from the meeting. The Sub-Committee then deliberated in private in order to consider their decision.

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

RESOLVED:

That the Personal Licence be REVOKED.

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panels (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (The 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.

The Sub-Committee Members had been asked to determine an application for the review of a Personal Licence. 

In reaching their decision the Sub-Committee Members had carefully considered the Committee report, the representations made by the Licensing Team Manager at Leicester City Council and the legal advice given to them at the hearing.  The Sub-Committee Members noted that no communication or representations had been received from the Personal Licence Holder despite a number of efforts made by the Licensing Authority to contact him.

The Sub-Committee Members considered the licensing objectives to be of paramount concern.  They had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.

REASON FOR THE DECISION

The Sub-Committee Members noted that the Personal Licence Holder was convicted on the 17^th October 2019 of two offences, one of which was a relevant offence, namely Affray contrary to S.3 of the Public Order Act 1986 the facts of which  ...  view the full minutes text for item 73.

The Director of Neighbourhood and Environmental Services submits a report.

The Chair confirmed with the Sub-Committee Members that reports for the meeting had been read ant that additional information that had been circulated to Members had been received.

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for the review of an existing Personal Licence.

The applicant was not present. The Licensing Team Manager, Nicola Marsh (Licensing Enforcement), and Legal Advisor to the Sub-Committee were present.

It was noted that all relevant documents had been sent to the applicant, and that the applicant had sent in a representation in the form of a letter.

The Licensing Team Manager outlined details of the application including the relevant City Council Policy Guidelines and drew Members’ attention to the conviction referred to in the report. Questions from the Sub-Committee Members were answered.

The Sub-Committee received legal advice from the Legal Advisor 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 the reasons made during private session would be publicly announced within five working days. The Chair informed the meeting that the Legal Advisor 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 disconnect from the meeting. The Sub-Committee then deliberated in private in order to consider their decision.

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

RESOLVED:

That the Personal Licence be REVOKED.

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panels (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (The 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.

The Sub-Committee Members had been asked to determine an application for the review of a Personal Licence. 

In reaching our decision the Sub-Committee Members have carefully considered the Committee report, the representations made by the Licensing Team Manager at Leicester City Council, the representation received in writing from the Personal Licence Holder, and the legal advice given to them at the hearing.

The Sub-Committee Members considered the licensing objectives to be of paramount concern.  They had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.

REASON FOR THE DECISION

The Sub-Committee Members noted that the Personal Licence Holder was convicted on the 7^th November 2019 of one offence contrary to S.5 of the Road Traffic Act 1988 namely driving with excess alcohol, the facts of which were set out in section 5 of the  ...  view the full minutes text for item 74.

There being no other urgent business, the meeting closed at 11:17.