Agenda and minutes

Councillor Cank was appointed as Chair for the meeting.

Apologies were received from Councillor Pickering.

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 12 October 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 12 October 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.”

Delete as appropriate

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).

Paragraph 7

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

B1) Determination of Continued Entitlement to Retain a Hackney Carriage and Private Hire Vehicle Driver’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) Determination of continued entitlement to retain a Hackney Carriage and Private   Hire Vehicle Driver’s Licence .

The Director of Neighbourhood and Enivronmental Services submits a report.

The Director of Neighbourhood and Environmental Services submitted a report requiring Member’s to make a determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The applicant was present with a translator, Matthew Robinson (Licensing Enforcement Officer, 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 Guidelines,

The applicant was invited to set out the reasons why he ought to be allowed to retain his Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members and Officers.

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.

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 2 MONTHS

Members of the Sub-Committee had carefully considered the report placed before them and 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 of the Sub-Committee had also considered the oral and written representations including the references submitted by the applicant.

The applicant was 44. Members were informed t[AS1] he applicant had been licensed by the Council as a driver since August 2009.

On 02 July 2019, the applicant pleaded guilty at Leicester Magistrates’ Court to an offence of harassment committed on 26 February 2019. The Magistrates made him subject to a Conditional Discharge for 12 months and ordered him to pay costs of £85 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 was dependent on circumstances.

Members of the Sub-Committee had considered the nature, type and circumstances of the applicant’s offending. The offending did not relate to his employment as a taxi driver. Rather, the applicant had repeatedly contacted his  ...  view the full minutes text for item 6.

There being no other business, the meeting closed at 10.55am.