(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 must consider their interests, and act according to the following:

(2)      Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)      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. 

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

(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)

The Assistant Director, Waste, Fleet and Transport Services will present a report (Document “Y”) which invites Members to consider a personal licence holder, who hasbeen convicted of a relevant offence (Section 132A of the

Licensing Act 2003).

Recommended –

Members are invited to consider the information and documents referred to in Document “Y” and after hearing individuals, bodies or businesses, determine the related application.

(Melanie McGurk – 01274 431873)

The Assistant Director, Waste, Fleet and Transport Services presented a report (Document “Y”) which invited Members to consider the licence of a personal licence holder, Mr Azad Mohammed Latif, who had been convicted of a relevant offence (Section 132A Licensing Act 2003).

Members were reminded that, once granted, a personal licence remained valid unless surrendered, suspended, revoked or declared forfeit by the Courts. A Personal Licence had been granted to Mr A M Latif on 16 June 2014 and a copy of that licence was appended to Document “Y”. Also appended were details of relevant offences, offence details and a notice to the personal licence holder.

Document “Y” revealed that the Licensing Authority had been informed by West Yorkshire Police that the personal licence holder had been convicted of a relevant offence as defined in Schedule 4 of the Licensing Act 2003.  Mr Latif had not informed the Licensing Authority of the offence.

The Personal Licence holder addressed the meeting and explained that he had been sentenced to prison for tax evasion; that he was not a criminal and did not steal or fight. He had spent nine months in prison; he wished to continue with his life with his children and family and was unsure why there was an objection to his licence.

The sentence which he had received was queried and it was explained, by the Council’s Legal Officer, that Mr Latif had two convictions for offences in 2018 and 2019 and had received a sentence of 30 months in prison for each offence.  The sentences ran concurrently meaning he would spend 30 months in prison in total. 

In response to questions Mr Latif confirmed that he had served only eight months in prison.  He told the Panel that someone else had used his name and he had subsequently been found not guilty.  In response to his claim that he was not a criminal he explained that he meant that he was not violent.

Members questioned why he had evaded duty and the personal licence holder reported that he worked with a partner who had used Mr Latif’s name to purchase cigarettes and not paid tax.  He believed had been arrested as the licence was in his name.  He had been released after eight and a half months; he was innocent and was released from prison without charge.  He explained that his solicitor was pursuing a claim for wrongful imprisonment and that he had never breached the law.

Members agreed to adjourn the meeting to allow Mr Latif to provide details of the claimed wrongful conviction and Mr Latif agreed that he would provide further information about his case.  When questioned why he had not informed the Licensing Authority of the conviction he said that he was unaware he had to do so.

At the reconvened meeting on 11 January 2024 the Licensing Officer reiterated the rationale for the hearing and summarised the details of the hearing on 28 November 2023 as a reminder to Members and for  ...  view the full minutes text for item 3.