Agenda and minutes

Licensing Enforcement Sub-Committee - Tuesday, 29 October 2024 10:00 am

Venue: Room G.58, Committee Room 2, Town Hall, Town Hall Square, Leicester LE1 9BG

Contact: Jessica Skidmore, Governance Services Officer  Katie Jordan, Governance Services Officer

Items
No. Item

10.

APPOINTMENT OF CHAIR

Minutes:

Councillor Barton was appointed as Chair.

11.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies of absence.

12.

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 of interest.

 

13.

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 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 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

B3) DETERMINATION OF CONTINUED ENTITLEMENT TO RETAIN A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE

 

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 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 the 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 THE GRANT OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE AND PRIVATE HIRE OPERATORS LICENCE

B3) DETERMINATION OF CONTINUED ENTITLEMENT TO RETAIN A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE

 

14.

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.

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine the continued entitlement of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

The applicant was present with a representative. The Licensing Enforcement Officer and Legal Adviser to the Sub-Committee were also present.

 

The Chair led introductions and informed those present of housekeeping and evacuation procedures.

 

The Licensing Enforcement Officer presented the report and outlined details of the applicant, including the relevant City Council Guidelines, and also presented the summary prepared by the Legal Advisor.

 

The applicant was invited to set out their representations and answered questions from Members.

 

All parties present were given the opportunity to sum up their positions and answered questions from Members.

 

The Sub-Committee received legal advice from the Legal Adviser to the Sub[1]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 announced 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 Governance Services 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 continued entitlement to retain a Hackney Carriage & Private Hire Vehicle Driver’s Licence would not be revoked. However, a warning was issued that any repetition of behaviour may result in more serious action being taken.

 

The applicant would be provided with reasons for the decision in writing within 5 working days.

 

All parties would be advised of the right to appeal the decision.

15.

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.

Minutes:

RESOLVED

Members considered a request to adjourn the hearing as the applicant was unwell, the subcommittee agreed to ensure a fair hearing.

16.

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.

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine the continued entitlement of a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

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

 

The Chair led introductions and informed those present of housekeeping and evacuation procedures.

 

The Licensing Enforcement Officer presented the report and outlined details of the applicant, including the relevant City Council Guidelines, and also presented the summary prepared by the Legal Advisor.

 

The applicant was invited to set out their representations and answered questions from Members.

 

All parties present were given the opportunity to sum up their positions and answered questions from Members.

 

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 announced 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 Governance Services 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 continued entitlement of a Hackney Carriage & Private Hire Vehicle Driver’s Licence be REVOKED as Members of the Sub-Committee were not satisfied that the applicant was a fit and proper person to hold a licence.

 

The applicant would be provided with reasons for the decision in writing within 5 working days.

 

All parties would be advised of the right to appeal the decision.

 

17.

ANY OTHER URGENT BUSINESS

Minutes:

There was no other urgent business.