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Agenda and minutes

Agenda and minutes

Venue: Meeting Room G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

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

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

Councillor Pickering was appointed as Chair for the meeting.

2.

APOLOGIES FOR ABSENCE

Minutes:

Apologies were received from Councillor Govind.

3.

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.

4.

MINUTES OF PREVIOUS MEETING pdf icon PDF 225 KB

The minutes of the meetings of the Licensing Enforcement Sub-Committee held on 4th May 2021 and 2nd July 2021 are attached, and Members will be asked to confirm them as a correct record.

Additional documents:

Minutes:

RESOLVED:            

That the minutes of the meetings of the Licensing Enforcement Sub-Committee held 4 May and 2 July 2021 are confirmed as a correct record.

5.

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 3

 

Information relating to the financial or business affairs of any particular person (including the authority).

 

B1) Application for a Hackney Carriage and Private Hire Vehicle Driver’s 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 any 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 holding that information)

 

Paragraph 7

Information relating to the any action taken or to be taken in connection with the prevention, investigation, or prosecution of crime.

 

B1) Application for a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

6.

APPLICATION FOR 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 Neighbourhood and Environmental Services submitted a report on an application for a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

The applicant was present, the Licensing Team Manager, and the 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 was invited to set out the reasons why he ought to be granted the Licence and answered questions from Members and Officers.

 

All parties were 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 leave 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 for the grant of a Hackney Carriage and Private Hire Vehicle Driver’s Licence be REFUSED.

 

Members had carefully considered the Sub-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 for Licensing Hackney Carriage and Private Hire Vehicle Drivers”. Members had taken account of the oral and written representations.

Members of the Sub-Committee had to determine a matter related to an application for the grant of Hackney Carriage and Private Hire Drivers Licence by the applicant.

 

The application for a driver’s licence was commenced on 31st May 2018 and completed on 30th January 2020 however there had been a substantial delay in the application being referred to the Sub-Committee for determination.

 

The reasons for referral to the Sub-Committee related to the behaviour of the applicant at a knowledge test on 24th April 2019 and his behaviour towards officers after that date.

 

The report before Sub-Committee, together with the statement at Appendix A to the report set out that on 24th April 2019 a Licensing Officer witnessed the applicant using his mobile phone whilst undertaking a knowledge test. This was despite being instructed not to use his phone whilst undertaking the test. When the phone was confiscated, the Licensing Officer noticed that a map application was open and had been used to assist with  ...  view the full minutes text for item 6.

7.

ANY OTHER URGENT BUSINESS

Minutes:

There being no other urgent business, the meeting closed at 10.35am.