Agenda and minutes

Councillor Cank was appointed as Chair for the meeting.

Apologies were received from Councillor Adatia.

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.

There were no declarations of interest.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 27 June 2023 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 27 June 2023 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 persecution of crime.

B1) APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE

AND PRIVATE HIRE VEHICLE DRIVER'S LICENCE

B2)APPLICATION FOR STREET TRADING CONSENT, MR NAVEEN MAMIDI, HOUSE OF HYDERABAD, OPPOSITE 36 VICTORIA PARK ROAD, LEICESTER

RESOLVED:

That the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 1 Appendix A 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). Paragraph 7 Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

B1) Application for grant of 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 that required Members to determine an application for the grant of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The driver was present. The Licensing Team Manager and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager presented the report and outlined details of the driver, including the relevant City Council Guidelines.

The driver was invited to set out the reasons why he was fit and able to be granted a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

All parties present 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.

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 Officer 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 Hackney Carriage and Private Hire Vehicle Driver’s Licence be GRANTED for 1 year subject to  following conditions:

1.    After a licence being issued, the driver must meet with the Licensing Manager on a quarterly basis to review his behaviour and driving record. The driver must comply with any instructions given by the Licensing Manager as to how and when these meetings will be undertaken.

2.    The driver must immediately notify the licensing Manager should he be arrested for any criminal offence.

3.     The Licensing team must refer to committee any behaviour from the driver which poses a risk to  public protection or if he fails to comply with the conditions set out in this decision.

4.    If there is satisfactory compliance with the conditions, the driver may apply to renew his licence on the usual basis.

The reason for restricting the Licence to 1 year and attaching conditions was to ensure the safety of the travelling public. In reaching its decision the committee gave weight to the representations made by the driver and to the time which had passed since the original conviction.

The driver would have 21 days to appeal the decision.

The Director of Neighbourhood and Environmental Services submits a report in respect of an application for Street Trading Consent for Mr Naveen Mamidi of House of Hyderabad, Opposite 36 Victoria Park Road, Leicester.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application for Street Trading Consent for  House of Hyderabad(Leicester) Limited, Opposite 36 Victoria Park Road, Leicester.

The Company’s Director Mr Mamidi   and   shareholders Mr Goverdyan Chandavolu, Mr Kalyan Dhivale attended the hearing. Solicitor, Mr Amitabath Sharma  represented the applicant. He was accompanied by his office manager Mr Francis Naginton . Mrs Sally Williams was present as an objector. The Licensing Team Manager and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager presented the report and outlined details of the application, including details of the relevant City Council guidelines.

Mrs Williams was invited to set out her reasons for objecting to the application and answered questions from Members, Officers, and the applicants.

The applicants were invited to set out the reasons why they ought to be granted Street Trading Consent and answered questions from Members, Officers, and Mrs Williams.

There was a 10-minute adjournment in order for the applicants to clarify information on their application.

All parties present 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.

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 Officer 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 Street Trading Consent be REFUSED.

In considering the application by House of Hyderabad (Leicester) Limited for a street trading consent on Victoria Park Road Leicester, the Sub-Committee considered all the representations, both written and oral, and took account of the Council’s Street Trading Policy and the Regulator’s Code.

In addition to the Officer’s Report, the Sub-Committee heard oral representations from the solicitor for the company and the Company’s Director and shareholders.

The sub-committee were not persuaded to depart from the Council’s Street trading policy which states that there is a general presumption against street trading particularly in the vicinity of schools.

The application did not meet any of the exceptions set out in the policy.

St Crispins School is a very short distance away. from the proposed location

The sub-committee accepted the representations put forward by residents particularly those relating to the inappropriateness of the location, the road safety issues and traffic hazard which would  ...  view the full minutes text for item 7.

There being no other business, the meeting closed at 11.31am.