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Agenda and minutes

Agenda and minutes

Venue: Virutal Meeting via Zoom

Contact: Angie Smith, Democratic Support Officer, Tel: (0116) 454 6354, Email:  angie.smith@leicester.gov.uk 

Items
No. Item

117.

APPOINTMENT OF CHAIR

Minutes:

RESOLVED:

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

 

It was noted that the hearing of the applications were 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.

 

118.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillor Dr Moore.

119.

DECLARATIONS OF INTEREST

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

 

Minutes:

There were no declarations of interest.

120.

MINUTES OF PREVIOUS MEETING pdf icon PDF 141 KB

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 1 December 2020 are attached, and Members will be asked to confirm them as a correct record.

Minutes:

RESOLVED:

That the minutes of the meeting of the Licensing Enforcement Sub-Committee held on 1st December 2020 be approved as a correct record.

121.

APPLICATION FOR A NEW STREET TRADING CONSENT: MR PAUL REID, PIGGY'S, OPPOSITE 153 SCUDAMORE ROAD, LEICESTER pdf icon PDF 1 MB

The Director of Neighbourhood and Environmental Services submits a report on an application for street trading consent under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, for Piggy’s, Opposite 153 Scudamore Road, Leicester. The applicant is Mr Paul Reid.

 

The report is attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk

 

(Ward Affected: Western)

Additional documents:

Minutes:

The application was withdrawn prior to the meeting.

122.

PRIVATE SESSION

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) Personal Licence Review Application

B2) Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Drivers Licence

Minutes:

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) Personal Licence Review Application

B2) Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Drivers Licence

123.

PERSONAL LICENCE REVIEW APPLICATION

The Director of Neighbourhood and Environmental Services submits a report.

Minutes:

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, Licensing Enforcement Officer and Legal Adviser to the Sub-Committee were present.

 

Councillor John Thomas joined the meeting at this point.

 

It was noted that all relevant documents had been sent to the applicant, but the applicant had made no contact with the Licensing 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 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 Personal Licence be REVOKED.

 

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 representations had been received from the Personal Licence Holder.

 

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 24th April 2020 of two offences, both of which were relevant offences, namely Assault by Beating contrary to S.39 of the Criminal Justice Act 1988 and Stalking contrary to Section 4 of the Protection from Harassment Act 1997. The facts of the convictions were set out in subsection 5 of the report. Members also noted the sentence imposed by the Court.

 

Members confirmed that the convictions for the relevant offences gave grounds under S132A of the Licensing Act 2003 to suspend  ...  view the full minutes text for item 123.

124.

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.

Minutes:

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

 

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 and his legal representative were present. 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 answered questions from Members.

 

Councillor Sangster left the meeting at this point due to technical issues.

 

The driver and his legal representative were 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 and answered questions from Members and the Licensing Team Manager.

 

Councillor Sangster re-joined the meeting during the driver and his legal representatives’ submission. It was confirmed the legal representative had not deviated from the previously submitted representation in the agenda pack which had been read by Councillor Sangster who could, therefore, continue as a panel Member for the meeting.

 

All parties were 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 Hackney Carriage and Private Hire Vehicle Driver’s Licence be REVOKED.

 

The Sub-Committee Members had been asked to determine whether the driver should be entitled to retain his Hackney Carriage and Private Hire Vehicle Driver’s Licence. Members had considered this in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

 

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

 

The Members’ paramount consideration when they considered the matter was the protection and the safety of the public. All other matters including unemployment were secondary to the public safety factor.

 

Members were informed the driver had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 16 February 2010. Members were mindful that the driver had not been convicted of a criminal offence but that they had been provided  ...  view the full minutes text for item 124.

125.

CLOSE OF MEETING

Minutes:

There being no other items of urgent business, the meeting closed at 12.55pm.