Agenda and minutes

Apologies for absence were received from Councillors Duffy, G Eales and Haque.

The minutes of the meeting held on the 11^th June 2019 were agreed and signed by the Chair.

There were none.

There were none.

The Licensing Team Leader outlined the circumstances as set out in the report. She explained to the Committee that the applicant had been invited to the meeting to present their case as outlined in Appendix B. Further information was provided by the applicant pertaining to the application which include the following:

a)    they had been granted a licence they were granted by North Lincolnshire District Council

b)    they have vetted their collectors by means of a Disclosure and Barring Service check and that these are disclosed to the relevant licensing authority

c)    they make daily checks with collectors in relation to the ongoing collections

d)    they analyse the information received from collectors on a weekly basis

e)    that their records indicate that neither the company nor any collectors have any criminal convictions going back to 2014

f)     they had extended their collection agreement with the Breast Cancer Research Aid Charity

The Licensing Team Leader further stated that the Applicant’s representative could not attend due to travel on business in connection to the charity.

Members commented that they have concerns regarding the proportion of monies that are paid to the charity. Members further stated that on concerns being raised in relation to an application of a similar nature, they had adjourned the matter to a later committee to allow the applicant time to present additional information for consideration.

RESOLVED:

The Committee had carefully considered the information in the report, the representations made by the applicant in correspondence before the hearing and the information provided by them.

The Committee made the following findings:

A.   That whilst some information is very clear and addresses certain criteria covered by the report, it is not clear how much of the proceeds would be paid to the charity concerned.

B.   They had given another applicant a further opportunity to produce that information.

C.   They considered it appropriate to give this applicant a similar opportunity to address their concerns regarding the proportion of proceeds paid to the charity.

D.   In the circumstances it was appropriate to adjourn to let them provide this information at its meeting on 10 September 2019.

The Committee ADJOURNS the application for a house to house collections licence to the meeting on 10 September 2019 so that they can provide the following information:

                                  i.    the gross sum realised from the items collected by door to door collections in the last two (2) years;

                                ii.    the expenses deducted from that sum;

                               iii.    the profits retained by the company;

                               iv.    the net sums paid over to the charity;

                                v.    copies of accounts submitted to Companies House which support items i to iv.

There were none.

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100I of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100I of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was carried and the public and press were excluded on the basis that information relating to an individual, information which was likely to identify an individual and information relating to prosecution of criminal offences were contained in the report.

The Chair invited the Licensing Team Leader to present the report of the Senior Licensing Enforcement Officer. The Licensing Team Leader outlined the circumstances as set out in the report. The Committee heard from the Licence Holder and the Licence Holder’s representative and from the Licence Holder’s character witnesses.

The Licence Holder’s Representative representing the Licence Holder, explained to the Committee that upon reinstating the Licence Holder’s licence they must have considered that he did not pose a public risk. He continued that since his licence was reinstated he has not had a single incident, complaint or allegation made against him and nor has he committed any other offences. The Licence Holder has been known to him for over 20 years and he stated that he is honest and decent. The Licence Holder regrets the incident and had no intention to drive the vehicle hence the court only gave him 10 points and he is deeply sorry for what happened.

The Licence Holder’s Representative continued stating that the Licence Holder has 10 children, 6 of whom are of school age, 9 are his own and 1 is his wife’s child. Two of his children have special needs and one has physical disabilities. His wife suffers from a respiratory disease and cannot walk far and does not work. Additionally, he takes out two loans a year, one for an annual holiday and one for Christmas presents. All of the aforementioned places immense pressure on the Licence Holder who has worked long hours to support his family and he usually only takes holiday on 25 December each year. On the night of the incident in question the Licence Holder was tired having worked long hours and from his stressful situation. He saw the bottle and thought that he would stop working and have a drink.

In response to questions from Members, the Licence Holder stated:

a)    The Licence Holder is truly sorry for what happened and has changed his behaviour since, working shorter hours;

b)    The Licence Holder has not drunk since;

c)    The Licence Holder was not thinking clearly at the time of the incident;

d)    The Licence Holder accepts his conduct was wrong;

e)    The Licence Holder should not have parked on the crossing outside the school;

f)     The Licence Holder would not have driven until late the following afternoon.

RESOLVED:

The Committee had carefully considered the information in the report, the presentations made by Mr Shand at the hearing and the responses to the questions asked of Mr Shand.

The Committee made the following findings:

A.   That there were a number of matters recorded against Mr Shand.

B.   He had accepted these had occurred. 

C.   He has indicated that he has changed his ways, cut down on the amount of hours that he works and not drunk since.

D.   He appeared to be motivated by his wish to provide for his family and he has placed himself under severe pressure which culminated in this incident.

E.   The Court appear  ...  view the full minutes text for item 8.