Local democracy

Agenda, decisions and minutes

Venue: Ernest Saville Room - City Hall, Bradford. View directions

Contact: Jill Bell/Jane Lythgow/Farzana Mughal 

Items
No. Item

7.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

8.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Jane Lythgow - 01274 432270)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

9.

APPLICATION FOR THE REVIEW OF A PERSONAL LICENCE HOLDER pdf icon PDF 141 KB

The Interim Assistant Director Waste, Fleet and Transport Services will

present a report (Document “J”) which outlines an application for the

review of a Personal Licence Holder following a conviction of a relevant offence by the holder of that licence.

 

Members are invited to consider the information and documents

referred to in Document “J” and, after hearing interested parties,

determine the related application.

 

(Melanie McGurk – 01274 431873)

Additional documents:

Minutes:

The Interim Assistant Director Waste, Fleet and Transport Services presented a report (Document “J”) which outlined an application for the review of a Personal Licence following a conviction of a relevant offence by the holder of that licence.

 

Members were advised that the Bradford Magistrates convicted Mr Hussein of the offence of ‘’failing to provide a specimen for analysis (driving or attempting to drive)’’ to the police on 24 June 2020.  Mr Hussein pleaded guilty to the offence on 15 December 2020. On 15 April 2021, the court ordered a fine of £120.00, costs of £85.00 and a victim’s surcharge of £34.00. The court also disqualified Mr Hussein from driving for six months (on the basis of totting up of penalty points on Mr Hussein’s drivers licence).  A copy of the notice served on Mr Hussein was attached at Appendix 4 to Document “J”.  Following receipt of the notice Mr Hussein emailed his representation to the Licensing Authority.  A copy of the representation was attached at Appendix 5 to Document “J”.

 

The Personal Licence Holder Mr Hemen Ahmed Hussain explained to the Panel that he was mistaken in court and did not plead guilty, he stated that if he had he would be in prison now.  His car was completely smashed and he was not in the car.  A friend rang him to say he had crashed the car and he had not seen him since then.  The reason why the court banned him was because the car was registered at his address.  It was nothing to do with him.  He was surprised that the court said he had pleaded guilty.  The car was registered at his address and that was why he was banned for 6 months.

 

In response to a member question Mr Hussain answered that, when he was granted a licence on 6 March 2014, it was not indicated to him that if he were charged with a relevant offence (listed on page 9 of Document “J”) he had to disclose to the court that you held a personal licence. 

 

Mr Hussain confirmed that he had a solicitor when he was in court on 15 December 2020.  When asked how his solicitor advised him to plead guilty, he contended that he did not advise him to plead guilty.  He was asked whether or not he pleaded guilty to which he responded that he didn’t say anything, he was not in the car so I could not plead guilty.  When Mr Hussain was advised that the court record showed that he pleaded guilty, he maintained that he did not plead guilty and could not remember what the solicitor said to him.  He added that he was sent home from the court and was told that the CCTV would be checked, so there would be no reason to get him back to court if I had pleaded guilty.

 

Mr Hussain agreed that on the basis of his pleading guilty in December 2020 and his case being heard  ...  view the full minutes text for item 9.