Agenda and minutes

RESOLVED:

That Councillor Karen Pickering be appointed as Chair for the meeting.

Apologies were received from Councillor Fonseca.

Councillor Cank was present as substitute for Councillor Fonseca. 

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 to be discussed.

There were no declarations of interest.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 1 September 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 1 September 2020 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).

B1) Application for the Renewal of 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 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)      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 concerning the application for the renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The applicant, the Licensing Team Manager, the Licensing Enforcement Officer, and the 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 Policy Guidelines and drew Member’s attention to the conviction referred to in the report.

The applicant set out the reasons why he thought his application to renew his Hackney Carriage and Private Hire Vehicle Driver’s Licence should be granted and answered questions from Members.

The applicant was then given the opportunity to sum up and make any final comments.

The Sub-Committee received legal advice form 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 give advice on the wording of the decision.

RESOLVED:

That the application for the renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence be REFUSED.

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

The Sub-Committee were informed that on 10 October 2001, when the applicant was 21, he was convicted at Leicester Magistrates’ Court of offences  of using threatening behaviour and criminal damage on 12 April 2001 for which he was sentenced to 1 day’s detention.

Fifteen years later, on 27 September 2016, the applicant first made an application to the Council for a Hackney Carriage & Private Hire Vehicle Driver’s Licence. He did not disclose his convictions in that application. Instead, he incorrectly indicated that he had not been convicted of any offences and signed a declaration as to the correctness of the information he had provided. The applicant was granted the Licence on 21 June 2017.

On 16 October 2018, the applicant was convicted at Leicester Magistrates’ Court of an offence of assault by beating on 1 July 2018. The conviction fell within the category  ...  view the full minutes text for item 99.

The Director of Neighbourhood and Environmental Services submits a report.

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

The applicant, the Licensing Team Manager, the Licensing Enforcement Officer, and the 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 Policy Guidelines and drew Member’s attention to the conviction referred to in the report.

The applicant was invited to set out the reasons why he ought to be allowed to continue to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence. He was given the opportunity to answer questions from the Sub-Committee Members but stated that he had no comment on the matter.

The applicant was then given the opportunity to sum up and make any final comments but declined to do so.

The Sub-Committee received legal advice form 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 give advice on the wording of the 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. Members had taken account, where appropriate, of the Department for Transport’s “Statutory Taxi & Private Hire Vehicle Standards”, the Regulators’ Code and the Council’s “Guidelines on relevance of convictions Hackney Carriage and Private Hire Vehicle Drivers”. Members had taken account of the oral and written representations.

Members were informed that the applicant had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 29 July 2014.

Members noted that on 3 December 2018 the applicant was convicted at Staffordshire Magistrates’ Court of offences committed on 13 December 2017. The offences related to his involvement in a Mini Market store in Burton upon Trent, the Premises Licence for which he held. The applicant pleaded guilty to engaging in an unfair commercial practice by exposing alcohol for sale at the premises on which no UK duty had been paid. He also pleaded guilty to knowingly allowing cigarettes, on which duty had not been paid, to be kept on the premises and those cigarettes did not carry the required health warnings.  ...  view the full minutes text for item 100.

There being no other business, the meeting closed at 11:32am.