Agenda and minutes

Please let us know if you are planning to attend and have any access requirements or other needs which we need to take account of.

Venue: Town Hall, Knowsley Street, Bury

Contact: Nicole TIlly 

Items
No. Item

590.

DECLARATIONS OF INTEREST

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.

 

Minutes:

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

591.

MINUTES OF THE LAST MEETING pdf icon PDF 44 KB

To approve and sign as a correct record the minutes of the meeting held on 4 November 2013.  A copy of the minutes are attached.

Minutes:

Delegated decision:

 

                   That the Minutes of the Licensing and Safety Panel meeting held on 4 November 2013, be approved as a correct record and signed by the Chair.

 

592.

PUBLIC QUESTION TIME

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.

 

Minutes:

Mr Paul Brent, Chair of the National Taxi Association, took the opportunity to thank the Licensing and Safety Panel Members and the Licensing Officers for all of their hard work in addressing Licensing issues and for the attendance of the Chair and Officers following the meeting held on 3 December 2013 of the taxi trade forum.

 

                The Chair, Councillor Jones, explained to the Members that Mr Oakes of the Hackney Drivers’ Association Ltd, had sent his apologies to the meeting but had submitted a written request asking the Licensing and Safety Panel, once again, to suspend the five faults policy rule.

 

Councillor Jones stated that, as this issue had been considered at both the last meeting of the Licensing and Safety Panel on 4 November 2013 and at the taxi trade forum on 3 December 2013, it was an unreasonable request and therefore would not be considered at this meeting.  Councillor Jones asked the Licensing Unit Manager to inform Mr Oakes that this issue would not be considered again until May 2014.

 

593.

OPERATIONAL REPORT pdf icon PDF 51 KB

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

Minutes:

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

 

·         Two appeals had been heard by Bolton Crown Court on 5 November and 6 November 2013, following separate hearings at Bury Magistrates’ Court in relation to the decision of the Licensing and Safety Panel regarding the following:

 

o   The suspension of a Hackney Carriage driver’s licence for 3 months for inappropriate conduct

 

o   The decision to revoke a Hackney Carriage driver’s licence for inappropriate conduct.

 

Both of these appeals were dismissed by Bolton Crown Court and the Council has been awarded £1,400 and £830.00, respectively, towards costs.

 

·         The Licensing Section had submitted an application to review the Premises Licence in respect of Butt Hill Stores, Bury New Road, Prestwich, regarding the failure to supply CCTV, as had been requested.  Representations had been received from Greater Manchester Police and the Bury Safeguarding Board in support of the review.  On 15 November 2013, a Licensing Hearings Panel considered the application and their decision was to revoke the Licence.

 

The Head of Commercial and Licensing also informed the Members that issues discussed at the taxi trade forum on 3 December 2013 would be reported at the next Licensing and Safety meeting.

 

Delegated decision:

 

That the report be noted

 

 

594.

ANIMAL BOARDING ESTABLISHMENT CONDITIONS pdf icon PDF 59 KB

A report by the Assistant Director is attached.

Additional documents:

Minutes:

The Assistant Director (Localities) submitted a report in relation to conditions in respect of animal boarding establishments (cats).

 

The Head of Commercial and Licensing explained that the determination of conditions to be attached to Licences is reserved to the Licensing and Safety Panel and this report requested the approval of the Panel of new conditions in respect of animal boarding (cats) Licences.  The conditions have been drafted by the Chartered Institute of Environmental Health and a number of partner organisations, including the British Veterinary Association.  The conditions would be applied by Officers in an appropriate and proportionate manner in consideration of individual premises.

 

It was agreed:

 

That the Licensing and Safety Panel approve the conditions in the format

requested and that Officers be permitted to apply the conditions in an appropriate and proportionate manner in consideration of individual premises.

 

 

595.

URGENT BUSINESS

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

 

 

Minutes:

There was no urgent business to report at the meeting.

 

 

596.

EXCLUSION OF THE PRESS AND PUBLIC

EXCLUSION OF PRESS AND PUBLIC

 

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.

 

 

Minutes:

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.

 

597.

PROPOSED SUSPENSION/REVOCATION OF A PRIVATE HIRE DRIVERS' LICENCE

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

Minutes:

The Licensing Unit Manager presented reports submitted by the Assistant Director (Localities) on the proposed suspension/revocation of Hackney Carriage / Private Hire Drivers’ Licences.

              The Licence holders were invited into the meeting room for their separate hearings and the           Chairman outlined the procedure to be followed.  The Licensing Unit Manager summarised the contents of the reports for each driver which were accepted by the licence holders.

 

1.   At the start of the hearing for the licence holder identified as 16/2013, Councillor Holt and Councillor Quinn each declared a prejudicial interest in this item.  Councillor Holt knew the licence holder personally and Councillor Quinn was a Governor at Parrenthorn High School, referred to in the report.  Both Councillors left the room and took no part in this hearing.    

                    In attendance at the meeting on behalf of the complainant were his Father and Carer, together with the Deputy Licensing Officer and the Licensing Enforcement Officer.  The Carer and Licensing Officers had submitted written statements which had been circulated to the Licensing Panel prior to the meeting. 

                    Representing the licence holder was Mr Paul Brent, along with three witnesses.

                    The complainant’s Carer was given the opportunity to address the Panel to explain their version of events, as to why a complaint had been made to the Licensing Service about licence holder 16/2013 and the circumstances of that complaint. 

 

                    The Carer stated that on the evening of Sunday 3 November 2013, he and the complainant had arrived at the taxi rank in Kay Gardens and approached the first taxi in the queue.  This taxi belonged to the licence holder, who was sitting in his vehicle along with another taxi driver. When the Carer and the complainant approached, the licence holder got out of the vehicle and stated, many times, that the wheel chair in which the complainant had to travel, was too big for his car and he would not take them in his vehicle.  The Carer was concerned for the complainant, as it was a cold evening, and they were forced to move along the line of taxis until eventually the driver at the back of the rank, who knew the complainant, came forward and loaded the wheel chair into his vehicle and took them home.  The Carer explained that he had not expected the licence holder to load the complainant into the car, as that was his responsibility.

The Carer explained that they had previously had trouble in getting a    taxi home as the complainant had used an electric wheel chair which was bigger and therefore he had now changed to a standard manual chair, however, they still experienced some problems.

Members of the Panel then asked questions as to whether the driver that did take them was a friend. The Carer stated he had taken them before and that they had approached the second driver and then the other drivers in the row, but they had ignored them. They further asked if the cars were the same and the Carer stated  ...  view the full minutes text for item 597.

598.

APPLICATION FOR A PRIVATE HIRE DRIVER'S LICENCE

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

Minutes:

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

 

The applicant 17/2013 was invited to attend the meeting.  The Chairman outlined the procedure to be followed and the applicant was invited to address the Panel on their application and any matters referred to in the Officer’s report.                                        

                The Licensing Unit Manager summarised the contents of the report which was accepted by the applicant, who took the opportunity to address the Panel.

 

                        Delegated decision:

 

        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 17/2013 be approved. The Panel determined, on a majority decision, the applicant to be a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976.