Agenda and minutes

It was agreed that in the absence of Councillor Jones, who gave his apologies for the meeting, Councillor Grimshaw be appointed as Chair.

Members of Licensing and Safety are asked to consider whether they have an interest in any of the matters on the Agenda, and if so, to formally declare that interest.

                       No declarations of interest were made in relation to any items considered at the meeting.

To approve and sign as a correct record the minutes of the meeting held on 3 September 2013.  A copy of the minutes is attached.

Delegated decision:

                   That the Minutes of the Licensing and Safety Panel meeting held on 3 September 2013, be approved as a correct record and signed by the Chair, subject to the amendment of the wording in LSP.299, Operational Report, regarding the outcome of a Forum that had taken place on 1 August with Officers and representatives of the hackney carriage and private hire trades. 

                   The wording should in fact read ‘The Chair proposed that these Forums be held three times a year and the Licensing and Safety Panel agreed’.

A report by the Assistant Director Designate (Localities) is attached.

Assistant Director (Localities) submitted a report setting out an update on operational issues within the licensing service, including:

                     i.        The findings of Licensing Enforcement Officers who took part in a multi agency operation involving Greater Manchester

Police (GMP) and VOSA on vehicle checks. Twenty eight vehicles were checked and ten of the drivers were advised and warned in relation to faults identified. Of the twenty eight vehicles checked, nine were hackney carriages and only one hackney carriage had signage issues. None of the vehicles were taken off the road

                    ii.        On 25 September 2013, a private hire driver’s licence was immediately revoked following information that had been received from GMP in relation to a serious sexual offence. 

                   iii.        A licensing hearings panel took place on 4 October 2013 for a review of Bla Bla Bar, Silver Street, Bury (formerly Coco Lounge), in relation to drug dealing and money laundering. The Panel’s decision was to revoke the licence.

                  iv.        At the last meeting of the Licensing and Safety Panel, on 3 September 2013, Councillor Holt had enquired about the use of bus lanes by Private Hire Vehicles and whether there had been any change to the legislation.  The information obtained from Highways was that the situation was still the same and Greater Manchester combined authority was not minded to review the situation prior to the outcome of the Law Commission review of taxi licensing legislation.

Delegated decision:

That the report be noted.

Any other business which by reason of special circumstances the Chair agrees may be considered as a matter of urgency.

There was no urgent business reported at the meeting.

A report from the Assistant Director (Localities) is attached.

Prior to presentation of the report from The Assistant Director (Localities) Mr Charles Oakes of the Hackney Drivers’ Association Ltd, who attended the meeting and represented the applicant, Mr Majid, a licensed hackney carriage driver, enquired as to why this application was being dealt with in the public domain.  The Council Solicitor explained that the default position was to hear all reports as public reports unless there are grounds for making them exempt under the relevant legislation. Mr Oakes was given an opportunity to make representations as to why the matter should be in private and stated they were always dealt with in private.

                Mr Johnson, Head of Commercial and Licensing pointed out this was not the case as other similar matters had been dealt with on the same basis. Mr Oakes went on to comment that even matters dealt with in private would be dealt with in an open forum at the Magistrates Court in the event of an appeal. The Council Solicitor explained that the rules that apply to such matters are very different to those governing local authorities.

                Mr Oakes expressed surprise and stated that he was unaware that this application would be heard in public and was unhappy that he had not been forewarned of this. The Chair asked that Mr Oakes had received a copy of the agenda that had been posted to his home the week before.  Mr Oakes had received the agenda but had not had time to fully read the reports.

                   Members of the panel were then invited to decide whether they were satisfied that the matter should proceed in public and all indicated it should.       The Assistant Director (Localities) submitted a report relating to a hackney carriage vehicle licence renewal application which fell outside the Council’s current “5 fault rule” policy. The report set out the background to the application in terms of Licensing policy and the individual circumstances of the case. The Licensing Unit Manager reported that on the basis of the facts of the case, the Licensing Service had reasonably concluded that the application was not in accordance with Council policy. Consequently the application had been submitted to the Panel for a decision.

                   The applicant’s vehicle, a Citroen Dispatch registration number LC51 URT was first registered on 9 November 2001 and has been a hackney carriage licensed with Bury Council since 14 October 2005.  It was transferred into his name on 12 May 2011.  The current vehicle licence is due to expire on 12 October 2013.

                   On 10 April 2013, the applicant’s vehicle underwent a routine 6 month interim test at the Council’s test centre at Bradley Fold and failed the test with 9 faults and 2 advisory observations being identified.

                   Mr Entwistle, a vehicle inspector at Bradley Fold, also attended the meeting to answer points of detail.

                   Mr Oakes then asked for a brief adjournment to confer with his client over this matter.  This request was agreed  ...  view the full minutes text for item 428.

To consider passing the appropriate resolution under section 100 (A)(4) of the Local Government Act 1972 that the press and public be excluded from the meeting during consideration of the following item of business since it involves the likely disclosure of the exempt information stated.

Delegated decision:

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during

consideration of the following items of business since it involved the likely disclosure of information relating to individuals who hold Licences granted by the Authority or applicants for Licences provided by the Authority.

A report by the Assistant Director Designate (Localities) is attached

The Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) on the proposed suspension/revocation of a Private Hire Driver’s Licence and a Private Hire Operator’s Licence.

              The licence holder was invited into the meeting room for their hearing and the Council Solicitor outlined the procedure to be followed. The Licensing Unit Manager read out the contents of the report which was accepted by the licence holder.

              The licence holder took the opportunity to address the Panel.

                   Delegated decision:

Upon considering the written report, the oral representations made by the licence holder and taking account of relevant policy and guidance, the panel resolved that it was reasonable and proportionate to take no action against the licensee identified as 09/2013.

A report by the Assistant Director Designate (Localities) is attached

The Assistant Director (Localities) submitted a report regarding applications for Public/Private Hire Vehicles Drivers’ Licences.

The applicants were invited to attend the meeting for separate hearings. The Council Solicitor outlined the procedure to be followed and the applicants were invited to address the Panel on their applications and any matters referred to in the Officer’s report.                                       

                   The Licensing Manager read out the contents of the report for each application which were accepted by the applicants, who took the opportunity to address the Panel individually.

                   Delegated decisions:

         1.  That after careful consideration of all the representations and evidence submitted and taking into account the Council’s Conviction Guidelines, the application for a Private Hire Driver’s Licence by applicant 10/2013 be granted for a twelve month period with an additional condition that if any complaints are received or concerns raised about the applicant within the next 12 months, he will be referred back to the Panel.

              The Chair, Councillor Grimshaw, stressed that common assault was considered a serious offence by The Panel.

         2. That after careful consideration of all the representations and evidence submitted and taking into account the Council’s Conviction Guidelines, the application for a Private Hire Driver’s Licence by applicant 11/2013 be granted for a twelve month period with an additional condition that if any complaints are received or concerns raised about the applicant within the next 12 months, he will be referred back to the Panel.

. 

         The Chair stressed that common assault was a serious offence.

3.   That applicant 12/2013 be deferred to a later meeting following a bereavement.

Questions are invited from members of the public present at the meeting on any matters about the work or performance of the Council or the Council’s Services.

Approximately 30 minutes will be set aside for Public Question Time if required.

There were no questions asked under this item.