Agenda and minutes

Licensing and Safety Panel - Tuesday, 9th September, 2014 7.00 pm

Venue: Town Hall, Bury

Items
No. Item

226.

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:

There were no declarations of interest raised in relation to any items on the agenda.

227.

MINUTES pdf icon PDF 40 KB

Minutes of the last meeting, held on 17th July 2014, are attached.

Minutes:

Delegated decision:

 

                   That the Minutes of the Licensing and Safety Panel meeting held on 17 July 2014 be approved as a correct record and signed by the Chair.

 

228.

PUBLIC QUESTION TIME

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

 

229.

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.

 

 

230.

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.

 

231.

SUSPENSION/REVOCATION OF A PRIVATE HIRE DRIVER LICENCE

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

Minutes:

Client 26/2014 did not attend the meeting and it was agreed by the members of the Licensing and Safety Panel to adjourn their decision until the next meeting in order to give the Licence Holder the opportunity to address the Panel.

 

232.

APPLICATIONS FOR PRIVATE HIRE DRIVER LICENCES

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

Minutes:

The Licensing Manager presented reports 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 and the Chair outlined the procedure to be followed.  The applicants and their representatives were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report. 

 

                  

1.   Applicant 29/2014 attended the meeting and was represented by Mr Gilmore, from Adamson’s Law Solicitors. The Licensing Manager summarised a report detailing a complaint of alleged sexual assault.  Mr Gilmore stated that he had difficulty in accepting the report as it mentions a conviction and that following a thorough investigation by Greater Manchester Police in relation to the allegation, no conviction was ever brought against the Applicant and should not be considered as such.

 

                        Mr Gilmore explained that the Applicant was a family man with three children to support who had been a taxi driver for 15 years prior to the incident in May 2011 and had subsequently had employment in an off licence and as a delivery driver for Pizza Hut.  References were provided to the Licensing and Safety Panel in relation to the Applicant’s character.  Mr Gilmore stated that if the Applicant was granted a licence he would install a camera in his vehicle and be traceable via GPS tracking.  Mr Gilmore stated that as no criminal proceedings had been brought against the Applicant, it was time to ‘draw a line’ under the incident and he should be given the opportunity to provide for his family and be granted a Private Hire Driver’s licence.

                       

                        Delegated Decision;

                  

The Panel carefully considered the written report and the oral representations made by Mr Gilmore and all the evidence presented including written references, and with due consideration of the potential effect on the applicant’s livelihood and family life, and taking into account the Council’s Conviction Guidelines, the Panel found that;

 

·         The Applicant had been convicted of a serious offence of affray in 2007

·         The allegation made against the Applicant in May 2011 was of a serious nature

·         The Applicant had provided only a limited explanation of his version of events and even based upon that version, he appeared to admit that activities of a sexual nature had occurred in his private hire vehicle on the night in question

·         Members of the Licensing and Safety Panel had previously revoked the Applicant’s Private Hire Licence and subsequently refused to grant a licence based on the same information and had therefore determined the Applicant not to be ‘fit and proper’

·         The Applicant had not appealed either of the previous decisions of the Licensing and safety Panel

·         There had been insufficient time that had elapsed since the incident in May 2011.

 

The Panel therefore determined the Applicant not to be a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and therefore that the Applicant identified as 29/2014 be refused a Private Hire Driver’s Licence.  

 

The Applicant  ...  view the full minutes text for item 232.