Agenda and minutes

Councillor Pickering as Chair of the Committee 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.

There were no declarations of interest.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 3 November 2020 are attached, and Members will be asked to confirm them as a correct record.

AGREED:

That the minutes of the meeting of the Licensing Enforcement Sub Committee held on 3 November 2020 be confirmed as a 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) Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Drivers Licence

B2)Personal Licence Review Application

B3) Personal Licence Review Application

The Director of Neighbourhoods and Environmental Services submits a report.

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine a driver’s continued entitlement to retain a Hackney Carriage and Private Hire vehicles driver’s licence.

The driver was not present. The Licensing Team Manager, Licensing Enforcement Officer and Legal Adviser to the Sub-Committee were present.

It was noted that all relevant documents had been sent to the driver who had provided written representations. The driver had been spoken to on the telephone by the Licensing Enforcement Officer and visited at home by the Officer the previous day. The Licensing Team Manager telephoned the driver at the start of the meeting, but there was no response. Members agreed that the meeting should proceed in the driver’s absence.

The Licensing Team Manager presented the report to the Committee and outlined details of the application including the relevant City Council Policy Guidelines. Questions from the Sub-Committee were answered.

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 the reasons made during private deliberation would be publicly announced 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 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 REVOKED.

Members of the Sub-Committee had carefully considered the Committee report placed before them. Members had also 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 taken account of the oral and written representations.

The driver had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 3 April 2014.

On 27 February 2019 the driver was convicted at Leicester Magistrates’ Court of offences on 8 and 23 July 2018. The offences related to the supply of tobacco in packets which did not detail the required health warnings, possession of goods for sale with a false trademark and supplying a dangerous product. The convictions fell within the category of ‘Other Offences’ under the Council’s Guidelines on Relevance of Convictions which in the absence of exceptional circumstances, provided for a period free from conviction for such offending which was ‘dependent on circumstances’.

The driver did not immediately notify the Licensing Section of the convictions as he was required  ...  view the full minutes text for item 113.

The Director of Neighbourhoods and Environmental Services submits a report.

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 Personal Licence Holder (PLH) was present with a representative. The Licensing Team Manager, Licensing Enforcement Officer, and Legal Adviser to the Sub-Committee were present.

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 PLH addressed the Sub-Committee and answered questions.

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 the reasons made during private session would be publicly announced 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 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 Personal Licence be REVOKED.

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 were informed that on 6 April 2006, the Council issued a Personal Licence. Subsequent to the grant, the PLH was convicted on 8 June 2020 at Leicester Magistrate’s 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 01 March 2020, with an alcohol concentration above the prescribed limit, namely 70 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 ground for suspension or revocation of the licence holder’s Personal Licence in accordance with section 132A(3) of the Licensing Act 2003.

Members had taken account of the PLH’s personal circumstances and noted his indication as to the effect on his livelihood should his Licence be suspended or revoked. Prior to the listing of the matter before the Committee, the PLH had been the Designated Premises Supervisor (DPS) at a local shop he had managed for the past 14 years. A DPS must hold a Personal Licence. As at the date of the Sub-Committee hearing, the DPS had been changed so  ...  view the full minutes text for item 114.

The Director of Neighbourhoods and Environmental Services submits a report.

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 Personal Licence Holder (PLH) was not present. The Licensing Team Manager, Licensing Enforcement Officer, and Legal Adviser to the Sub-Committee were present.

It was noted the PLH had indicated by email that he would not be putting a case forward and that he had left the bar industry. Members agreed that the meeting should proceed in the PLH’s absence.

The Licensing Team Manager outlined details of the application including the relevant City Council Policy Guidelines. Questions from the Sub-Committee Members were answered.

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 the reasons made during private session would be publicly announced 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 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 Personal Licence be REVOKED.

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 were informed that in January 2017, the Council had issued a Personal Licence. Subsequent to the grant, the PLH was convicted on 31 January 2020 at Leicester Crown Court of an offence of affray contrary to section 3 of the Public Order Act 1986. The brief circumstances of that offending were that on 28 September 2018, the PLH was involved in a large-scale fight between two groups of males on Belvoir Street, Leicester. The PLH assaulted another male during the disturbance. By way of sentence, the PLH was made subject to a 12-month Community Order with a requirement to undertake 120 hours unpaid work.

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 licence holder’s Personal Licence in accordance with section 132A(3) of the Licensing Act 2003.

The PLH did not appear before the Committee and made no representations. He had previously indicated that he would not be putting a case forward and that he had left the bar industry.

The PLH’s offending clearly demonstrated his unsuitability to hold a Personal  ...  view the full minutes text for item 115.

There being no other items of urgent business the meeting closed at 11:43 am.