Agenda and minutes

Licensing and Safety Panel - Tuesday, 17th June, 2014 7.00 pm

Venue: Bury Town Hall

Items
No. Item

37.

DECLARATIONS OF INTEREST

Members of the Licensing and Safety Panel 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 were made at the meeting.

38.

MINUTES OF THE LAST MEETING pdf icon PDF 32 KB

To approve as a correct record the Minutes of the last meeting held on 8 May 2014. A copy of the Minutes is attached.

Minutes:

Delegated decision:

 

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

 

39.

PUBLIC QUESTION TIME

Questions are invited from members of the public present at the meeting on any matters for which the Panel is responsible.

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

Minutes:

There were no members of the public present to ask questions under this item.

 

40.

EXCLUSION OF PRESS AND PUBLIC

To consider passing the appropriate resolution under section 10 (A) (4) of the Local Government Act 1972 that the press and public be excluded from the meeting during consideration of the following items 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.

 

41.

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

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

Minutes:

The Licensing Manager presented a report submitted by the Assistant Director (Localities) on the proposed suspensions of Private Hire Driver’s Licences.

 

          The licence holders and their representatives were invited into the meeting room for their hearing and the Chairman outlined the procedure to be followed.  The Licensing Manager read out the contents of the report which were accepted by each of the Licence Holders.

 

                   The Licence Holders and their representatives took the opportunity to address the Panel.

              

              Delegated decisions:

 

  1. That upon considering the written report, the oral representations made by the Licence Holder and his representative and taking account of relevant policy and guidance, the Panel resolved that it was reasonable, necessary and proportionate to take no further action against the Licence Holder identified as 12/2014, but to admonish the Licence Holder as to future conduct.

 

The Panel acknowledged the serious nature of the offence the Licence Holder had been convicted of, but took into account the provocation suffered, the fact the Licence Holder had been the holder of a licence since 1997 and there had been no other complaints or convictions registered against him. The Panel noted the references provided in support of the Licence Holder and was satisfied in this instance that the Licence Holder had showed remorse for his actions and that they would not be repeated.

 

 

  1. That 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, necessary and proportionate to take no further action against identified as 20/2014, but to admonish the Licence Holder as to future conduct and to add a condition to the licence that the Licence Holder appear before this Panel in 6 months time. 

 

The Panel highlighted the serious nature of the offence the Licence Holder had been convicted of, but noted that the Licence Holder had pleaded guilty and had shown remorse for his actions which were out of character, having had no previous convictions.

 

 

42.

APPLICATION FOR A PRIVATE HIRE DRIVER LICENCE

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

Minutes:

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

 

The Applicants were invited to attend the meeting for separate hearings. The Chair outlined the procedure to be followed and the Applicants were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report.  The Licensing Manager read out the contents of each report which were accepted by each of the Applicants.

 

                   Delegated decisions:

             

1.   That after careful consideration of the written report and the oral representations submitted by the Applicant and the Applicant’s representative and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and thatthe application for a Private Hire Driver’s Licence by Applicant 14/2014 be granted for a period of 6 months.

 

The Panel noted the seriousness of the offence disclosed by the Applicant and the resulting prison sentence. It also noted that independent verification of the offence listed had been sought but had not been provided and that the sentence of imprisonment had been given more than 3 years ago.

 

The Panel requested that the Licensing Officers be authorised to extend the licence period subject to no issues being brought to light during the 6 month period.

 

2.   That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and that the application for a Hackney Carriage Driver’s Licence by Applicant 15/2014 be granted. 

 

The Panel noted that the convictions recorded against the Applicant related to maters more than7 years ago and that the Applicant had shown remorse and changed his life. It was also noted that he had been granted both Hackney Carriage and Private Hire Licences by another authority with knowledge of the conviction.

 

3.   That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and thatthe application for a Private Hire Driver’s Licence by Applicant 16/2014 be granted. 

 

The Panel noted the seriousness of the offences but these had taken place almost 5 years ago and there were no other matters recorded against the Applicant.

 

4.   That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and thathe application for a Private Hire Driver’s Licence by Applicant 17/2014 be granted for  ...  view the full minutes text for item 42.