Agenda and minutes

Councillor Hunter 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 disclosable pecuniary or other interest they might have in the business on the agenda.

Councillor Singh Johal removed himself prior to deliberation of the application at Appendix B1 as he knew the applicant.

The minutes of the meeting of the Licensing Enforcement Sub-Committee held on 6^th August 2019 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 meeting held on 6^th August 2019 be confirmed as a correct record.

The Director of Neighbourhood and Environmental Services submits a report asking Members to determine an application for the grant of a Highways Amenities Licences for a Street Café for premises known as Spencers, 21 Silver Street, Leicester, LE1 5EU.

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 phoning Democratic Support on 454 6354.

(Wards Affected: Castle)

The Director of Neighbourhoods and Environmental Services submitted a report concerning the application for the grant of a Highways Amenities Licence for a Street Café for premises known as Spencer’s, 21 Silver Street, Leicester, LE1 5EU.

The applicant Mr Steven Finch on behalf of Spencer’s was not present. The Licensing Team Manager, Legal Adviser to the Sub-Committee and local reporter were present at the meeting.

The Sub-Committee Members agreed to hear the application in the absence of the applicant.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines, and drew Members’ attention to the objections referred to in the report. The Licensing Team Manager answered questions from Members.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of 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 Legal Adviser to the Sub-Committee, Licensing Team Manager and local reporter then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the meeting to advice Members on the wording of the decision.

The Licensing Team Manager and local reporter then returned to the meeting.

The Chair of the Sub-Committee advised all persons present that the Legal Adviser to the Sub-Committee was called back to the meeting to advise on the wording of the decision.

RESOLVED:

That the application for a Highways Amenities Licence for a Street Café for premises known as Spencers, 21 Silver Street, Leicester, LE1 5EU be GRANTED with additional conditions.

REASON FOR THE DECISION

The Sub-Committee had been asked to determine an application under the Highways Act 1980, for the grant of a Highways Amenities Licence.

In reaching their decision, Members had carefully considered the committee report, the presentation by the Licensing Team Manager, the representations submitted by Mr Steven Finch, a number of objections received from nearby local businesses and the legal advice given during the hearing.

The Sub-Committee stated that the licensing objectives were of paramount concern. The Sub-Committee had considered the case on its own merits and in accordance with the Licensing Authority’s Policy on Street Cafes.

The Sub-Committee added that as a result of what they had heard, they were content to grant the application in order to give the applicant a chance, however, they had taken into consideration the objections received.

ADDITIONAL CONDITIONS

1.    The number of tables permitted in the street café to be limited to 4 and the number of chairs limited to 16, to ensure the entrance to and from the premises and the fire exit remain accessible at all times.

2.    That a full skirted barrier be used to surround the tables placed on the highway.

3.    At 5.00pm Sunday to Saturday, all tables, chairs, barriers and any objects  ...  view the full minutes text for item 20.

The Director of Neighbourhood and Environmental Services submits a report asking Members to determine an application for the grant of a Highways Amenities Licences for a Street Café for premises known as Queen Victoria Arts Club, 41 Rutland Street, Leicester, LE1 1RD.

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 phoning Democratic Support on 454 6354.

(Wards Affected: Castle)

The Director of Neighbourhoods and Environmental Services submitted a report concerning the application for the grant of a Highways Amenities Licence for a Street Café for premises known as Queen Victoria Arts Club, 41 Rutland Street, Leicester, LE1 1RD.

The applicant Ms Cassandra Davidson was present at the meeting. The Licensing Team Manager, Legal Adviser to the Sub-Committee and local reporter were also present at the meeting.

Introductions were made, and the procedure for the meeting was outlined to those present.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines and drew Members’ attention to the objections referred to in the report. The Licensing Team Manager answered questions from Members. It was noted that an additional condition had been requested by the Festival and Events Team at Leicester City Council.

Ms Davidson outlined the reasons for the application and answered questions from Members.

Ms Davidson was then given the opportunity to sum up her position and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of 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 Legal Adviser to the Sub-Committee, Licensing Team Manager, Ms Davidson and local reporter then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the meeting to advice Members on the wording of the decision.

The Licensing Team Manager, Ms Davidson and local reporter then returned to the meeting.

The Chair of the Sub-Committee advised all persons present that the Legal Adviser to the Sub-Committee was called back to the meeting to advise on the wording of the decision.

RESOLVED:

That the application for a Highways Amenities Licence for a Street Café for premises known as Queen Victoria Arts Club, 41 Rutland Street, Leicester, LE1 1RD be GRANTED as applied for, with an additional condition requested by the Festivals and Events Team, Leicester City Council.

REASON FOR THE DECISION

The Sub-Committee had been asked to determine an application under the Highways Act 1980, for the grant of a Highways Amenities Licence.

In reaching their decision, Members had carefully considered the committee report, the presentation by the Licensing Team Manager, the representations submitted by Ms Cassandra Davidson, the written objections received from nearby local residents and the legal advice given during the hearing.

The Sub-Committee stated that the licensing objectives were of paramount concern. The Sub-Committee had considered the case on its own merits and in accordance with the Licensing Authority’s Policy on Street Cafes.

The Sub-Committee added that as a result of what they had heard, they were content to grant the application as applied for as they said the street café would be in keeping with Leicester’s Cultural Quarter and would  ...  view the full minutes text for item 21.

The Director of Neighbourhood and Environmental Services submits a report asking Members to determine an application for the grant of a Highways Amenities Licences for a Street Café for premises known as Mum’s Coffee Shop, 2-3 Hannam Court, Charles Street, Leicester, LE1 3FS.

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 phoning Democratic Support on 454 6354.

(Wards Affected: Castle)

The Director of Neighbourhoods and Environmental Services submitted a report concerning the application for the grant of a Highways Amenities Licence for a Street Café for premises known as Mum’s Coffee Shop, 2-3 Hannam Court, Charles Street, Leicester, LE1 3FS.

The applicant Ms Verity Stratford was present at the meeting accompanied  by Mr Gavin Brownen. Objectors to the applicant Ms Susan Godwin and Ms Linda Flavell were present. The Licensing Team Manager, Legal Adviser to the Sub-Committee and local reporter were also present at the meeting.

Introductions were made, and the procedure for the meeting was outlined to those present.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines and drew Members’ attention to the objections referred to in the report. The Licensing Team Manager answered questions from Members.

Ms Godwin and Ms Flavell outlined the reasons for their objections and answered questions from Members. They stated there would be no objection to the application of the hours of operation were reduced to cease earlier in the evening.

Ms Stratford outlined the reasons for the application and answered questions from Members. She stated she agreed that should the Sub-Committee be minded to grant the application, that the hours of operation applied for be reduced.

Ms Godwin, Ms Flavell, and Ms Stratford were then 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 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 Legal Adviser to the Sub-Committee, Licensing Team Manager, Ms Godwin, Ms Flavell, and Ms Stratford, Mr Brownen and local reporter then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the meeting to advice Members on the wording of the decision.

The Licensing Team Manager, Ms Godwin, Ms Flavell, and Ms Stratford, Mr Brownen and local reporter then withdrew from the meeting.

The Chair of the Sub-Committee advised all persons present that the Legal Adviser to the Sub-Committee was called back to the meeting to advise on the wording of the decision.

RESOLVED:

That the application for a Highways Amenities Licence for a Street Café for premises known as Mum’s Coffee Shop, 2-3 Hannam Court, Charles Street, Leicester, LE1 3FS be GRANTED with additional conditions.

REASON FOR THE DECISION

The Sub-Committee had been asked to determine an application under the Highways Act 1980, for the grant of a Highways Amenities Licence.

In reaching their decision, Members had carefully considered the committee report, the presentation by the Licensing Team Manager, the representations by Ms Verity Stratford, the objections from nearby local residents and the legal advice given during the hearing.

The Sub-Committee stated that the  ...  view the full minutes text for item 22.

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 the Renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence

B2)Determination of Continued Entitlement of 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 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).

B1)      Application for the Renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence

B2)      Determination of Continued Entitlement of a Hackney Carriage and Private Hire Vehicle Driver’s Licence

The Director of Neighbourhood and Environmental Services submits a report.

The Director, Neighbourhoods and Environmental Services, submitted a report concerning an application for the renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The applicant was present at the meeting. The Licensing Team Manager and 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, drew Members’ attention to the conviction referred to in the report, and answered questions from Members.

The applicant set out the reasons why despite his conviction he ought to be considered an exception to the Council’s guidelines on convictions, and answered questions from Members.

The applicant was 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 the applicant.

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 Legal Adviser to the Sub-Committee, the Licensing Team Manager, and the applicant then withdrew from the meeting.

The Sub-Committee then gave the application full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the meeting to advise Members on the wording of the decision.

The Licensing Team Manager and the applicant then returned to the meeting.

The Chair informed all persons present that they had recalled the Legal Adviser to the Sub-Committee for advice on the wording of their decision.

RESOLVED:

That the application for the renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence be GRANTED.

REASON FOR THE DECISION

The Sub-Committee stated they had been asked to determine whether to renew the applicant’s Hackney Carriage and Private Hire Vehicle Driver’s Licence, in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

In reaching their decision the Sub-Committee had carefully considered the committee report, including the appendices, the presentation by the legal officer, all representations submitted by the applicant and the legal advice given during the hearing.

The Sub-Committee said of paramount consideration when determining the application was the protection and the safety of the public, and all matters including unemployment were secondary to the public safety factor.

It had been reported that the applicant had one conviction recorded against him for breach of a non-molestation order contrary to Section 42A of the Family Law Act 1996, and as a result the Sub-Committee were required to consider whether or not they were satisfied on a balance of probabilities that he remained since the grant of his Hackney Carriage and Private Hire Vehicle Driver’s Licence a fit and proper person.

The Sub-Committee stated that on balance and after consideration of the all the information presented to them, including the applicant’s representations, the applicant was a fit and proper person due to the fact that the applicant had held an unblemished licence since 2005, had  ...  view the full minutes text for item 24.

The Director of Neighbourhood and Environmental Services submits a report.

Councillor Singh Johal returned to the meeting at this point.

The Director of Neighbourhoods and Environmental Services submitted a report concerning the determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

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

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

The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines. It was noted there was no recommendation, but the application had been brought before the Committee due to the number and type of driving convictions recorded.

The applicant set out the reasons why he ought to be considered a fit and proper person to continue to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members and the Licensing Team Manager.

The applicant was 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 Legal Adviser to the Sub-Committee, the Licensing Team Manager and the applicant then withdrew from the meeting.

The Sub-Committee gave the application full and detailed consideration.

The Legal Adviser to the Sub-Committee then returned to the meeting to assist Members with the wording of the decision.

The Licensing Team Manager and the applicant then returned to the meeting.

The Chair of the Sub-Committee explained to all persons present that they had recalled the Legal Adviser to the Sub-Committee for advice on the wording of the decision.

RESOLVED:

That the applicant be allowed to RETAIN his Hackney Carriage and Private Hire Vehicle Driver’s Licence.

REASON FOR DECISION

The Sub-Committee stated they had been asked to determine whether the applicant should be allowed to retain his Hackney Carriage and Private Hire Vehicle Driver’s Licence, in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

In reaching their decision the Sub-Committee had carefully considered the committee report, including the appendices, the presentation by the legal officer, all representations submitted by the applicant and the legal advice given during the hearing.

The Sub-Committee said of paramount consideration when determining the application was the protection and the safety of the public, and all matters including unemployment were secondary to the public safety factor.

It was noted that on the 3^rd July 2019, the applicant pleaded guilty to a number of offences contrary to the Transport Act 1968, the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 and the Goods Vehicles (Licensing of Operators) Act 1995. As a result the Sub-Committee was required to consider whether or not they were satisfied on a balance  ...  view the full minutes text for item 25.

There being no other items of urgent business, the meeting closed at 1.15pm.