Agenda and minutes

Councillor Pickering was appointed as Chair for the meeting.

Apologies were received from Councillor Thomas.

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 2 March 2021 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 2 March 2021 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 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)Application made under the Scrap Metal Dealers Act 2013.

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

B2) Application made under the Scrap Metal Dealers Act 2013  

The Director of Neighbourhood and Environmental Services submits a report.

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 Licence Holder and his legal representative and translator were present. The Licensing Team Manager, and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager outlined details of the application, including the relevant City Council Policy Guidelines.

The Licence Holder 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.

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 Hackney Carriage and Private Hire Vehicle Driver’s Licence be SUSPENDED FOR SIX MONTHS

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 Licence Holder had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 26 April 2013.

On 30 September 2019, the Licence Holder was convicted at trial before the Leicester Magistrates’ Court of an offence of battery contrary to section 39 Criminal Justice Act 1988. He was made subject to a 12-month Conditional Discharge and was ordered to pay £200 costs, £50 compensation, and a victim surcharge of £20.

The conviction 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 is ‘dependent on circumstances’.

Members had considered the nature, type and circumstances of the Licence Holder’s offending which arose out of an incident on 12 February 2019 when The Licence Holder headbutted another man. The  ...  view the full minutes text for item 6.

The Director of Neighbourhood and Environmental Services submits a report.

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

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application made under the Scrap Metal Dealers Act 2003.

The Licensing Team Manager, Licensing Enforcement Officer, PC Benjamin Broad (Leicestershire Police) PC Kaajal Jethwa (Leicestershire Police), DS David Wadsworth (Leicestershire Police), and the Legal Adviser to the Sub-Committee were present. 

The applicant had been provided with all papers in the case but did not attend the meeting or submit any further representations to the written representations previously submitted.

The Licensing Team Manager outlined details of the application, including the relevant statutory provisions. With the assistance of the Licensing Enforcement Officer, he outlined the Licensing Section’s representations against the grant of the application. 

DS Wadsworth outlined the reasons for Police representations against the grant of the application.

All parties present were then given the opportunity to sum up their case 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 application made under the Scrap Metal Dealers Act 2013 be REFUSED.

The Sub-Committee had considered an application by Attock Metals and the legal representative for the applicant for a Scrap Metal Dealer’s Licence in respect of a site at 19 Kent Street, Leicester.

No Company representative attended the hearing. Members had considered all the written representations previously submitted and the oral representations presented at the hearing by the Police and the Licensing Section. Members had taken account of the Statutory Guidance and the Regulators’ Code.

The site was at the rear of a garage business on Kent Street and consisted of a yard area and a small prefabricated office. Access to the site was via a side entrance off Kent Street. The Company rented the site from the owner of the garage. The Company had been in existence for almost 10 years, having been incorporated on 05 September 2011.The applicant had been the sole director of the Company since 01 May 2019 and was to be the site manager if the Licence was granted.

By way of history, Members noted that in  ...  view the full minutes text for item 7.

There being no other urgent business, the meeting closed at 12.34pm.