Agenda and minutes

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Venue: Committee Rooms A & B, Town Hall, Knowsley Street, Bury

Contact: Nicole Tilly 

Items
No. Item

772.

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:

Councillor Cassidy declared a prejudicial interest in item 10 on the Agenda, Application for a Private Hire Driver’s Licence, as she knew the appellant and took no part in this item.

 

773.

MINUTES OF THE LAST MEETING pdf icon PDF 34 KB

To approve and sign as a correct record the minutes of the meeting held on 8 January 2014.  A copy of the minutes are attached.

Minutes:

Delegated decision:

 

          That the Minutes of the Licensing and Safety Panel meeting held on 8 January 2014, be approved as a correct record and signed by the Chair.

 

774.

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:

There were no questions asked by any Members of the Public present at the meeting.

775.

OPERATIONAL REPORT pdf icon PDF 64 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:

 

1.   Following a request from Mr Oakes, a report was submitted in relation to the consideration given previously, by the Licensing and Safety Panel, regarding rear loading vehicles being used as Hackney Carriages.  The Head of Commercial and Licensing explained that this issue has been considered on 5 separate occasions between December 2008 and October 2010 and that the Panel had considered the Fiat Freedom and the Peugeot Premier vehicles. The Panel resolved on each occasion not to licence rear loading vehicles based on:

 

·   Wheelchair access – The safety of a passenger being able to safely access a rear loading vehicle.

·   Bury Town Centre ranks – The vehicle would need to move forward approximately 3 metres from the second vehicle in order to accommodate the ramp, wheelchair and driver.

·   Lack of space on the ranks to facilitate the loading of a wheelchair passenger.               

 

·   The potential for a legal challenge against the Council if a wheelchair passenger was injured during the process of loading into the vehicle.

 

Following the last consideration of this issue in October 2010, the Panel resolved to delegate to the Head of Commercial and Licensing or the Licensing Unit Manager, authority to consider any further similar applications relating to the licensing of rear loading vehicles as Hackney Carriages.

 

It was further explained that the Council’s Health and Safety Inspectors had been asked for their opinion and identified potential risks arising from the following factors, namely:

 

·         That the taxi ranks are designed for side loading vehicles, not rear loading.

·         That there are risks to the passenger being taken down a kerb without a lowered kerb height.

 

The Head of Commercial and Licensing stated that the simplest control measure would appear to be the continued use of side loading vehicles and that formal risk assessments will be sought for any future applications for rear loading vehicles.

 

2.   Following a complaint from Mr Oakes in relation to private hire vehicles allegedly plying for hire, the Head of Commercial and Licensing stated that in the past, the Licensing Service have carried out a number of successful plying for hire exercises which have resulted in a small number of drivers being prosecuted for plying for hire and Officers will continue to confront drivers of private hire vehicles.  It was explained that legitimate parking in areas can normally be established by reference to the data head fitted in the majority of private hire vehicles for advanced bookings and that a number of vehicles stopped in Ramsbottom all had legitimate bookings.

 

3.   The Licensing Hearings Panel on 20 January 2014 considered an application to vary the Premises Licence in respect of Longsight Road Service Station, to extend the hours the premises were authorised to sell alcohol to 24 hours per day and to add the regulated activity of Late Night Refreshments.  The Panel granted the application subject to inclusion of a pre-agreed condition with Greater  ...  view the full minutes text for item 775.

776.

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.

777.

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:

In respect of item LSP. 778 below, Application for a Pet Shop Licence, the Licensing and Safety Panel Members were specifically asked to consider if this item should be considered in public or private session.  The Panel were asked to balance the grounds of hearing the matter in a public forum, based on the public interest, against the prejudice this may cause to the Applicant. The Applicant was asked to comment and indicated his preference that it be dealt with in private session based upon personal information being revealed and discussed.

 

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 this item, as it contained personal information relating to the applicant and also the following items of business since they involve the likely disclosure of information relating to individuals who hold Licences granted by the Authority or applicants for Licences provided by the Authority.

 

778.

APPLICATION FOR A PET SHOP LICENCE

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

Minutes:

The Head of Commercial and Licensing read the report, the contents of which were agreed by the Applicant.  The Chair, Councillor Jones, asked if the premises had previously been a pet shop and it was reported that it had never been licensed for a pet shop.

 

The Applicant was then given the opportunity to address the Panel and the following issues were reported:

 

·         This application was not for breeding dogs and therefore the property should not be referred to as a ‘puppy farm’.

·         Although incidents had occurred in the past with the Applicant’s Father and Brother, the Applicant was applying for a pet shop licence independently.

·         The Applicant and a full time member of staff would be with the puppies up to 18 hours a day.

·         The exercise area was suitable for puppies up to 12 weeks of age, at which time the Applicant would have the dogs inoculated and they would be naturally exercised and walked with a collar.

·         All kennel sizes will be 6 Sq m, larger than the specified size in the Model Conditions for Pet Vending Licensing, 2013.

 

·         All kennels will be fitted with heat lamps which will be set between 18 – 20 degrees, with thermostats on all walls to ensure the temperature does not drop below the recommended temperature of 12 degrees at the lowest.

·         All windows have been fitted with double glazing with enough natural light for the puppies and with fire lights.

·         There are enough windows providing adequate ventilation for the puppies.

·         The kennels will be cleaned more than 4 times a day, which is the recommended number.

·         Food and drink will be independently bought from BETA who would also provide free packs with advice on keeping puppies.

·         No puppy will be sold under the age of 8 weeks.

·         All areas have been fitted with plastic and are easily disinfected, with a special ‘floor tech’ flooring.

·         An independent fire plan has been carried out with foam and water extinguishers fitted.

·         Although the licence is requesting to hold 30 – 40 puppies, the likelihood is that there would be no more than 20 at any time.

·         A purchase register will be kept, including date puppies were bought and sold etc.

·         The dogs will be played with, fed, watered at regular intervals which will exceed the recommendations in the Pet Vending Licensing Conditions.

·         If the licence is granted, the City and Guilds qualification will be taken and completed.

·         If the Panel see fit, conditions to the licence could be added and inspections carried out as necessary.

·         Puppies will be separated for the first 7 days, which would normally be the time scale for illness to become apparent.

·         £6,122 to date has been spent on improving the building to the standard required.

·         An isolation unit has been built for sick animals, which has been independently verified by 2 separate vets.

·         Food will be stored in a large black food container, which is easily cleaned and hygienic.

·         Puppy waste will be disposed off through Rawtenstall pet  ...  view the full minutes text for item 778.

779.

PROPOSED SUSPENSION/REVOCATION OF A PRIVATE HIRE DRIVER'S LICENCE

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

Minutes:

        Councillor Cassidy left the meeting.               

 

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

 

The Applicant 04/2014 was invited to attend the meeting.  At the start of the hearing, Councillor Holt declared a personal interest in this item as he knew the person who was attending the meeting in support of the Applicant, in a professional capacity.

The Chairman outlined the procedure to be followed and the Deputy Licensing Manager read the contents of the report which was accepted as correct by the Applicant, who took the opportunity to address the Panel.

The Applicant, who was supported by his estranged wife, explained that he had committed the offences set out in the report due to drinking alcohol, as he had a low tolerance and got drunk easily and as a result got into trouble. He stated he had tried to sort himself out but had been unsuccessful, but that he was still very friendly with his wife and her family.

The Applicant went on to explain he had previously worked in the gas industry but was no longer able to work in that industry due to disability, but he did not want to rely on benefits. He is also a part time carer for a relative with mental health problems.

Members of the Licensing and Safety Panel asked questions of the Applicant, during which he indicated he did have spent convictions and that trouble often follows him due to his name and reputation. However he reiterated he no longer drinks to the same degree.

 

Delegated decision:

 

That after careful consideration of all the representations and the evidence submitted and taking into account the Council’s Conviction Guidelines, the Applicant identified as 04/2014 be refused an application for a Private Hire Driver’s Licence on the basis that the Applicant was not a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976, to hold a Licence.

 

 In reaching its decision, the Panel followed the Conviction Guidelines and determined that due to the serious nature of the offences reported, namely; assault occasioning actual bodily harm, common assault, battery, possessing an offensive weapon in a public place, drunk and disorderly, using threatening, abusive, insulting words or behaviour with intent to cause fear or provocation of violence and failing to comply with requirements of a Community Order, it was not satisfied the Applicant was a fit and proper person to hold a driver’s licence.

 

The Applicant was advised of their right to appeal within 21 days of notification to the Magistrates’ Court.                

 

780.

APPLICATION FOR A PRIVATE HIRE DRIVER'S LICENCE

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

Minutes:

                The Deputy Licensing Manager informed the Panel that the matter relating to Client No. 03/2014 had been adjourned from the last meeting of the Licensing and Safety Meeting on 8 January 2014, due to the non attendance of the licence holder on that occasion and the fact there was no information given to account for his non attendance.

 

                The Deputy Licensing Officer reported that a letter had been personally delivered to the licence holder’s address informing him of this meeting but the licence holder had stated he had not received this letter.  The Deputy Licensing Manager informed the licence holder verbally of the meeting and had received no further correspondence from him and again could provide no information to account for the licence holder’s non attendance. 

 

                The Licensing and Safety Panel Members agreed unanimously to hear the case in the licence holder’s absence.

 

                        The Deputy Licensing Manager presented the report submitted by the Assistant Director (Localities) on the proposed suspension/revocation of the licence holders Hackney Carriage / Private Hire Driver’s Licence.

                    Members of the Panel heard about an altercation between the licence holder and a Civil Enforcement Officer undertaking parking attendant duties, during which the licence holder was reported to have used foul and abusive language towards the Officer, struck the Officer to the side of the head causing the Officer’s hat to fall to the ground and then pushed the Officer in the back causing the Officer to stumble forward. Members also heard that during interview the licence holder admitted his involvement, that he had lost his temper and struck the Officer, but that he denied using foul and abusive language or pushing the Officer.

 

                        Delegated decision:

 

                   That the licence holder 03/2014 have their Private Hire and Hackney Carriage Driver licences revoked.

 

Upon considering the written report, and taking account of relevant policy and guidance, the Panel, having been satisfied as to the Officer’s version of events, and being further satisfied that it had reasonable cause, did not consider the licence holder to be a fit and proper person to hold a licence and further considered it reasonable and proportionate in view of his unacceptable behaviour and in the interests of public safety that the licence be revoked.

The applicant will be reminded of their right of appeal to the Magistrates’ Court within 21 days.