Agenda and minutes

Councillor Singh Johal was appointed as Chair for the meeting.

There were no apologies for absence.

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

Members were asked to declare any interests they had in the business on the agenda.

Councillor Singh Johal declared that in the second application being considered he knew the applicant. He announced that he would leave the meeting when that application was being considered.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 2 November 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 2 November 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 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 Drivers Licence

B2)Determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Drivers 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 1 Appendix A 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

B2) 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.

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 driver was present with a legal representative. Toni Tidmarsh (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 driver and his legal representative were invited to set out reasons why the driver 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 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.

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 REVOKED.

The driver would be informed that he would have 21 days to appeal the decision to the Magistrates Court.

At this point Councillor Singh Johal left the meeting, Councillor Gee assumed the Chair.

The Director of Neighbourhood and Environmental 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 driver was not present. Rachael Derry (Licensing Enforcement Officer), the Licensing Team Manager, and the Legal Adviser to the Sub-Committee were present.

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

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.

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 REVOKED.

The driver would be informed that he would have 21 days to appeal the decision to the Magistrates Court.

There being no further business, the meeting closed at 12.48pm.