Agenda and minutes

RESOLVED:

That Councillor Singh Johal be appointed as Chair for the meeting.

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

Apologies were received from Councillor Shleton.

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 had in the business to be discussed.

Councillor Dr Moore declared that she was the ward Councillor for the applicant in the Personal Licence application at Appendix B3 to the report and had been approached by the applicant. The applicant had been told by Councillor Dr Moore that she was a Member on the Licensing Committee and referred the applicant to another Ward Councillor. After receiving legal advice it was agreed that Councillor Dr Moore would withdraw from the meeting when that agenda item was heard. 

Councillor Singh Johal declared for the avoidance of doubt that he had been approached by the applicant in the Personal Licence application at Appendix B3 in the report, but the applicant had been informed by Councillor Singh Johal that he was on the panel for the Licensing Hearing and had not engaged in conversation with him.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 4 August 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 4 August 2020 be approved 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).

B1) APPLICATION FOR THE RENEWAL OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE

B2)PERSONAL LICENCE REVIEW APPLICATION

B3) 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)      Application for the Renewal of a Hackney Carriage and                                                                                                                                                Private Hire Vehicle Driver’s Licence

B2)      Personal Licence Review Application 

B3)      Personal Licence Review Application   

The Director of Neighbourhood and Environmental Servics submits a report.

The Director of Neighbourhood and Environmental Services submitted a report concerning the application for the renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The applicant was present with a Union Representative. The Licensing Team Manager, Licensing Enforcement Officer, and Legal Adviser were also present at the meeting.

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

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

The applicant and his representative set out the reasons why they thought he should continue to hold a Hackney Carriage and Private Hire Driver’s Licence and answered questions from Members.

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 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 disconnect from the meeting. The Sub-Committee then deliberated in private in order 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 Hackney Carriage and Private Hire Vehicle Driver’s Licence be REFUSED.

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panel (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.

REASON FOR THE DECISION

Members of the Sub-Committee had carefully considered the committee report placed before them. They had taken into account, where appropriate, the Department for Transport’s “Statutory Taxi & Private Hire Vehicle Standards”, the Regulators’ Code and the Council’s “Guidelines on relevance of convictions of Hackney Carriage and Private Hire Vehicle Drivers”. Members had also taken account of the oral and written representations.

Members of the Sub-Committee noted that save for the matter which now brought the applicant before the Committee, there was no history of any earlier complaints against him.

Members were informed the applicant had been a licensed Hackney Carriage and Private Hire Vehicle driver since 07 August 2008. The applicant’s Licence detailed the following on the title page of the document: “The licence holder must contact the Licensing Section immediately if you are reported or convicted of any offences, including  ...  view the full minutes text for item 90.

The Director of Neighbourhood and Environmental Services submits a report.

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

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

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

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

The applicant was given the opportunity to make a representation and answered questions from 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 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 Officers 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 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 Panel (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.

REASON FOR THE DECISION

Members of the Sub-Committee had carefully considered the committee report placed before them. Members of the Sub-Committee had listened carefully to all the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

Members of the Sub-Committee were informed that on 26 July 2019, the Council issued a Personal Licence to the Personal Licence Holder (PLH). Subsequent to the grant, the PLH was convicted on 08 October 2019 at Leicester Magistrates Court of an offence contrary to section 5 of the Road Traffic Act 1988, of driving or being in charge of a motor vehicle on a road or other public place on 19 September 2019, with an alcohol concentration above the prescribed limit, namely 45 micrograms per 100 millilitres of breath, the legal limit being 35.

The conviction was a relevant offence as listed in Schedule 4 of the Licensing Act 2003. The conviction was not spent for the purposes of the Rehabilitation of Offenders Act 1974 and therefore gave  ...  view the full minutes text for item 91.

The Director of Neighbourhood and Environmental Services submits a report.

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

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

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

The applicant was given the opportunity to make a representation and answered questions from 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 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 Officers 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 the decision.

RESOLVED:

That the Personal Licence be SUSPENDED FOR SIX MONTHS

It was noted that the hearing of the application was held virtually in accordance with the Local Authorities and Police and Crime Panel (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.

REASON FOR THE DECISION

Members of the Sub-Committee had listened carefully to all the representations and had taken account of the Statutory Guidance, the Regulators’ Code and the Council’s Licensing Policy.

The Sub-Committee members heard that on 21 October 2015, the Council issued a Personal Licence to the Personal Licence Holder (PLH). Subsequent to the grant, the PLH was convicted on 20 December 2019 at Leicester Magistrates Court, of an offence contrary to section 5 of the Road Traffic Act 1988, of driving or being in charge of a motor vehicle on a road or other public place on 26 April 2019, with an alcohol concentration above the prescribed limit, namely 109 milligrammes per 100 millilitres of blood, the legal limit being 80. The conviction was a relevant offence as listed in Schedule 4 of the Licensing Act 2003. The conviction was not spent for the purposes of the Rehabilitation of Offenders Act 1974 and therefore gave ground for suspension or revocation of the Personal Licence under section 132A(3)(b) of the Licensing Act 2003. Members were informed that a Personal Licence authorised an individual  ...  view the full minutes text for item 92.