Agenda and minutes

RESOLVED:

That Councillor Kulwinder Singh Johal be appointed as Chair for the meeting.

It was noted that the hearing of the applications were held virtually in accordance with the Local Authorities and Police and Crime Panels (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales)(Regulations) 2020 (the 2020 Regulations) and in accordance with the Council’s own Remote Procedure Rules.

Apologies for absence were received from Councillor Cank.

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 2 February 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 on 2 February 2021 be approved 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 7

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

B1) Personal Licence Review Application

The Director of Neighbourhood and Environmental Services submits a report.

The Chair paused the meeting, so that the link to join the meeting could be sent to the Personal Licence Holder (PLH) to join the meeting.

The Chair led on introductions and all those in attendance re-introduced themselves for the benefit of the PLH.

The Chair confirmed with the Sub-Committee Members that reports for the meeting had been read.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application for the review of an Personal Licence.

The PLH, The Licensing Team Manager, Licensing Enforcement Officer and Legal Adviser to the Sub-Committee were present.

The Licensing Enforcement Officer outlined details of the application including the relevant City Council Policy Guidelines and drew Members’ attention to the conviction referred to in the report.

While the Licensing Enforcement Officer was addressing the Sub-Committee, Councillor John Thomas joined the meeting and declared he had no declarations of interest. The Licensing Enforcement Officer began her presentation to the Sub-Committee afresh.

The PLH addressed the Sub-Committee and answered questions from Members.

Each party was then given the opportunity to sum up their case 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 the reasons made during private deliberation would be publicly announced 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 disconnect from the meeting. The Sub-Committee then deliberated in private in order 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 Personal Licence be REVOKED.

The Sub-Committee had listened carefully to all the representations and had taken account of the Statutory Guidance, the Regulators’ Code, and the Council’s Licensing Policy.

The Sub-Committee were informed that on 10 January 2006, the Council issued a Personal Licence to the PLH. On 9 November 2018, he was convicted at Leicester Crown Court, of an offence of wounding with intent to cause grievous bodily harm contrary to section 18 of the Offences against the Persons Act 1861. The brief circumstances of the offending were that on 19 September 2017, the PLH was in an argument with his brother. The PLH assaulted his brother with an axe. His bother received a broken arm and deep lacerations. The PLH received a sentence of imprisonment of 5½ years and was made subject to a restraining order until further order. He had now been released from prison.

It was noted the conviction was a relevant  ...  view the full minutes text for item 131.

There being no items of urgent business, the meeting closed at 10:50am.