Agenda and minutes

The meeting commenced at 10.20am as the applicant was late in arriving at the meeting.

Councillor Westley was appointed as Chair for the meeting.

Apologies for absence were received from Councillor Byrne.

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 August 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 3 August 2021 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 3

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

B1) APPLICATION FOR A SCRAP METAL DEALER’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 any individual

Paragraph 2

Information which is likely to reveal the identity of an individual

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 Scrap Metal Dealer’s Licence

The Director of Neighbourhood and Environmental Services submits a report.

The Director of Neighbourhood and Environmental Services submitted a report on an application for a Scrap Metal Dealer’s Licence.

The applicant was present accompanied by his father. Mr Matthew Robinson, Licensing Enforcement Officer who had made representation, the Licensing Team Manager, and the Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines. It was confirmed that the applicant had received copies of the report and documentation for the meeting through email.

The applicant, with support from his father, was invited to set out the reasons why he ought to be granted the Licence.

Mr Robinson outlined the reasons for the representation 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 evidence 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 give advice on the wording of the decision.

RESOLVED:

That the application for a Scrap Metal Dealer’s Licence be REFUSED.

The Sub-Committee had considered an application by a limited company (the applicant company) for a Scrap Metal Site Licence in respect of a site in Leicester.

Members had considered all the written representations previously submitted and the oral representations presented at the hearing by the Council’s Licensing Section (including the evidence of Licensing Enforcement Officer Matthew Robinson), the director of the applicant company and his father. Members had also taken account of the Statutory Guidance and the Regulators’ Code.

Members were informed the director of the applicant company was 18 years of age. He was the sole director of the applicant company and was to be the site manager if the Licence was granted.

Members heard that in 2017, the Council granted a 3-year Scrap Metal Licence to a company (company 2) who then moved to the site in July 2019. The applicant’s brother was the sole director of company 2. No application was made to renew the 2017 Licence and it expired on 25 February 2020. In October 2020, Police Officers visited the site as part of a general operation and found that despite the expiry of the 2017 Licence, the site was still operating. In addition, they found records of sales had not been kept in accordance with sections 14 and 15 of  ...  view the full minutes text for item 6.

There being no items of urgent business, the meeting closed at 11.08am.