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Agenda and minutes

Agenda and minutes

Venue: Meeting Room G.01, 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

9.

APPOINTMENT OF CHAIR

Minutes:

Councillor Pickering was appointed as Chair for the meeting.

 

Due to a Councillor being absent, the meeting delayed starting until 10:20am.

10.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

11.

DECLARATIONS OF INTEREST

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

 

Minutes:

Members were asked to declare any interests they might have in the business to be discussed on the agenda.

 

There were no declarations made.

12.

MINUTES OF PREVIOUS MEETING pdf icon PDF 86 KB

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on Tuesday, 4 October 2022 are attached, and Members will be asked to confirm them as a correct record.

Minutes:

RESOLVED:

That the minutes of the meeting of the Licensing Enforcement Sub-Committee held on 4 October 2022 be confirmed as a correct record.

13.

APPLICATION FOR THE GRANT OF A HIGHWAYS AMENITIES LICENSE (STREET CAFE): THE GUILDROOMS, 1-3 GUILDHALL LANE, LEICESTER, LE1 5FQ pdf icon PDF 2 MB

The Director of Neighbourhood and Environmental Services submits a report which asks Members to determine an application for a the grant of a Highways Amenities Licence (Street Café) for premises known as The Guildrooms. The applicant is Mr Kevin Lee on behalf of the business.

 

The report is attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.Cabinet.leicester.gov.uk or by telephoning Democratic Support on 0116 4546354.

 

(Wards affected: Castle)

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report which asked Members to determine an application for the grant of a Highways Amenities Licence (Street Café) for premises known as The Guildrooms, 1-3 Guildhall Lane, Leicester, LE1 5FQ.

 

The Applicant, Mr Kevin Lee, owner for The Guildrooms was present. Mr Miguel d’Almeida, owner of Almeida Coffee and Juice Bar, was present having made representations.

 

Also present was the Licensing Enforcement Officer and the Legal Adviser to the Sub-Committee.

 

The Licensing Enforcement Officer presented the report. It was noted an application was received on 25 August 2022 for the grant of a licence. Within the objection period, two representations were received, one from a Mr d’Almeida and one from Leicester City Councils Licencing Enforcement Team.

 

The representation from the Licencing Enforcement Team was resolved as the Applicant had agreed to a number of conditions proposed by the Licencing Enforcement Team.

 

Mr d’Almeida was given the opportunity to outline the details of his representation and answered questions from Members.

 

Mr Lee was given the opportunity to present his case and answered questions from Members.

 

All parties were given the opportunity to sum up their positions 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 and were advised of the options available to them in making their decision.

 

The Sub-Committee were also advised of the relevant policy and regulatory code that needed to be taken into account when making their decision,

 

In order to reach their decision, the Sub-Committee felt they should deliberate in private on the basis that it was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.

 

In reaching their decision the Sub-Committee Members had carefully considered the written report presented by the Licensing Enforcement Officer and the written and verbal representations. The Members had also considered the legal advice given to them during the meeting.

 

The Sub-Committee Members had taken account of the Council’s Street Café Licensing Policy and the Regulators’ Code.

 

The Chair announced that full reasons for the decision would be confirmed in writing within five working days. The Chair informed the meeting that 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 withdraw from the meeting. Members 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 a Highways Amenities Licence be GRANTED to Mr Kevin Lee for fourteen tables, 28 chairs and enclosing barriers to be placed at The Guildrooms on 1-3 Guildhall Lane, Leicester in accordance with the Licensed Plan seven days a week from 9:30am to 8pm, subject to the Council’s standard conditions and the additional conditions requested  ...  view the full minutes text for item 13.

14.

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)

B2)

 

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 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 was considered that the public interest in maintaining the information as exempt outweighed the public interest in disclosing the information.

 

Paragraph 1

 

Information relating to an individual.

 

Paragraph 2

 

Information that 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) Application for the grant of a Hackney Carriage and private hire vehicles driver’s licence.

B2) Application for the grant of a Hackney Carriage and private hire vehicles driver’s licence.

15.

APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE

The Director of Neighbourhood and Environmental Services submits a report.

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report requiring Members to make a determination of an application for the grant of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

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

 

The applicant was present. Also present were the Licensing Enforcement Officer and the Legal Adviser to the Sub-Committee.

 

The Licensing Enforcement Officer 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 granted a Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members and Officers.

 

The applicant was given the opportunity to sum up their position 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 and were advised of the options available to them in making their decision.

 

The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

 

In reaching their decision, the Sub-Committee 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, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

The Chair announced that full reasons for the decision would be confirmed in writing within five working days. The Chair informed the meeting that 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 Officer to withdraw from the meeting. Members then deliberated in private to consider their decision.

 

In considering the applicants application for a Hackney Carriage & Private Hire Vehicle Driver’s Licence, the Sub-Committee considered the Licensing Officer’s Report and all relevant representations, both written and oral. The Sub-Committee took account, where appropriate, of the Department for Transport’s “Statutory Taxi & Private Hire Vehicle Standards”, the Regulators’ Code and the General Policy matters detailed in the Council’s “Guidelines on relevance of convictions Hackney Carriage and Private Hire Vehicle Drivers”.

 

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 GRANTED as the Sub-Committee was satisfied that the applicant was a fit and proper person to hold the Licence

16.

APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE

The Director of Neighbourhood and Environmental Services submits a report.

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report requiring Members to make a determination of an application for the grant of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

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

 

The applicant was present. Also present were the Licensing Enforcement Officer and the Legal Adviser to the Sub-Committee.

 

The Licensing Enforcement Officer 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 granted a Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members and Officers.

 

The applicant was given the opportunity to sum up their position 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 and were advised of the options available to them in making their decision.

 

The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

 

In reaching their decision, the Sub-Committee 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, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

 

The Chair announced that full reasons for the decision would be confirmed in writing within five working days. The Chair informed the meeting that 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 Officer to withdraw from the meeting. Members then deliberated in private to consider their decision.

 

In considering the applicants application for a Hackney Carriage & Private Hire Vehicle Driver’s Licence, the Sub-Committee considered the Licensing Officer’s Report and all relevant representations, both written and oral. The Sub-Committee took account, where appropriate, of the Department for Transport’s “Statutory Taxi & Private Hire Vehicle Standards”, the Regulators’ Code and the General Policy matters detailed in the Council’s “Guidelines on relevance of convictions Hackney Carriage and Private Hire Vehicle Drivers”.

 

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 GRANTED as the Sub-Committee was satisfied that the applicant was a fit and proper person to hold the Licence.

17.

ANY OTHER URGENT BUSINESS

Minutes:

There being no further items of urgent business, the meeting closed at 12.05pm.