Agenda and minutes

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

RESOLVED – That the public be excluded from the meeting during consideration of that part of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:-

(a)  Appendix 1 of the report referred to in minute 80 in terms of Access to Information Procedure Rule 10.4 (5) on the grounds that disclosure of the information contained within the appendix could undermine current and/or proposed legal proceedings

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

There were no declarations of interest

Apologies for absence were received from Councillors Bruce and  Downes

To approve the minutes of the last meeting held on 14^th February 2012 as a correct record

(Copy attached)

RESOLVED – That the minutes of the meeting held 14^th February 2012 be agreed as a correct record

To consider the joint report of the City Solicitor and the Chief Officer, Democratic and Central Services on the current decision making model in Leeds for the grant, refusal, suspension or revocation of the various licences issued by the Council as the taxi and private hire licensing authority. The report outlines the legal framework governing the decision making process and also considers the implications of any proposal to change the current arrangements

(Report attached)

The Committee considered the joint report submitted by the City Solicitor and the Chief Officer, Democratic & Central Services; on the current decision making model in Leeds for the grant, refusal, suspension or revocation of the various licences issued by the Council as the taxi and private hire licensing authority. The report outlined the legal framework governing the decision making process and considered the implications of any proposal to change the current arrangements.

The Chair provided the background to the production of the report before Members. The Chief Officer, Democratic & Central Services reported that there had been a number of informal discussions recently where the decision making model used by Taxi and Private Hire Licensing had been queried. He confirmed that any decision relating to suspensions and revocations undertaken by officers were taken in line with Council Policy, agreed by Members, in the interests of public safety. However, it was appropriate for Members to review the arrangements and the report provided information to facilitate that review.

Other matters were highlighted which included the fact that in some instances where there was an immediate public safety issue, such as illegally plying for hire, a suspension took immediate effect and remained in place until a subsequent appeal to the Magistrates Court was dealt with. It was acknowledged that this was an area of contention with the trade as the appeal process could be lengthy, depending on the individual case and fees could reach £700. It was noted that if an appeal was upheld, the appellant would recoup the fees, and some appellants on low wages were eligible to receive financial assistance

The Legal Adviser to the Committee provided further detail on the legislative framework and outlined the following issues for consideration:

• the decision making models employed in other authorities, the number of licences and appeals/suspensions/revocations within those authorities and the resource implications. The resources needed to support the model used in Birmingham - similar sized authority – were of particular note
• having regard to concerns expressed over decisions to suspend with immediate effect, it was noted that every Council had some delegation to officers to issue immediate suspensions. Importantly, when a suspension was made having regard to the safety of the travelling public, it was not possible to issue a suspension and then review that matter at a later date
• if Members chose to determine appeals, officers would not recommend decision making based purely on paper evidence. A Sub Committee model would allow Members to test and question the evidence submitted by appellants
• a Sub Committee would be empowered to deal with all relevant evidence and the relevant standard would be balance of probabilities rather than on “all reasonable doubt” as in a criminal case. Factors including whether there was the existence of a criminal conviction, whether an appellant was found not guilty or acquitted, personal circumstances, hearsay and the facts of a criminal case were all relevant matters which could be considered by Members to inform their view over whether the licence  ...  view the full minutes text for item 78.

Having noted the discussions on the perception of the decision making within sections of the PH and HC trades and the comments by some Members on individual cases; the Chair urged all Members and trade representatives who knew of a case which they felt required further investigation, to provide the details of the case in writing, to the appropriate officers so that a full investigation could be undertaken.

To consider the report of the City Solicitor outlining appeals lodged against decisions of the Licensing Sub Committees under the provisions of the Licensing Act 2003.

Please note that Appendix 1 of the report is exempt under Access to Information Procedure Rule 10.4.(5)

(Report attached)

The Committee considered the report submitted by the City Solicitor on appeals lodged against the decisions of the Licensing Sub Committees under the provisions of the Licensing Act 2003. Members discussed the contents of Appendix 1 to the report and issues relating to the Cumulative Impact Policies within the Authority’s Statement of Licensing Policy

The Committee noted the comment that the forthcoming change in legislation could be having an impact on the number of appeals lodged recently.

RESOLVED – To note the contents of the report and the intention to present  updates on the appeal outcomes at the appropriate time.

(Councillor A Khan left the meeting at this point)

To consider the Licensing Work Programme for the remainder of the Municipal Year

(Schedule attached)

RESOLVED – To note the contents of the Licensing Work Programme for the remainder of the Municipal Year

To note the date and time of the next meeting as Tuesday 10^th April 2012 at 10.00 am

RESOLVED – To note the date and time of the next meeting as Tuesday 10^th April 2012 at 10:00 am