Agenda and minutes

Licensing and Safety Panel - Thursday, 2nd April, 2015 7.00 pm

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

Contact: Nicole Tilly, Democratic Services Officer 

Items
No. Item

868.

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.

869.

MINUTES pdf icon PDF 32 KB

To approve and sign as a correct record the minutes of the meeting held on 3 March 2015.  A copy of the minutes is attached.

Minutes:

              Delegated decision:

 

                   That the Minutes of the Licensing and Safety Panel meeting held on 3 March 2015, be approved as a correct record and signed by the Chair.

                       

 

870.

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 public present to ask questions under this item.

871.

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.

872.

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.

 

873.

SUSPENSION/REVOCATION OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS' LICENCES

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

Minutes:

                  

1.           Licence holder 45/2014 attended the meeting and was represented by Mr Laurie of Rossendale Taxi Association.  The Chair outlined the procedure to be followed and the Deputy Licensing Officer read the report submitted by the Assistant Director (Localities), and also

Licensing and Safety Panel, 2 April 2015

 

 

              explained that this licence holder had been due to attend the Licensing and Safety meetings in February and March 2015  but had asked for the hearings to be deferred on medical grounds.

 

              The licence holder was given the opportunity to address the Panel and apologised for his absence at the last 2 meetings but stated that he had provided a doctor’s medical certificate for both absences.  The Chair, Councillor Jones acknowledged that he had had sight of the certificates.

 

Delegated decision:

 

That upon considering the written report, the oral representations made by the licence holder and his representative Mr Laurie and taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel agreed, on a unanimous decision, that licence holder 45/2014 have his Private Hire Driver’s Licence suspended for a period of 3 months.

 

               Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel was satisfied that licence holder’s attitude to his passengers was clearly not of paramount concern and in particular they noted:

 

§  The licence holder has now received 4 complaints in relation to his behaviour.

§  The licence holder’s attitude and behaviour has not improved following each complaint and subsequent written warning.

§  The licence holder is not totally aware that his attitude is inappropriate

§  The language used by the licence holder, even upon his own admission, is inappropriate, especially in front of children.

     

               The licence holder was reminded of their right of appeal to Bury Magistrates’ Court within 21 days.

 

2.            Licence holder 01/2015 did not attend the meeting and asked that the hearing take place in his absence.

 

               Delegated decision:

 

That upon considering the written report, and taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel agreed, on a unanimous decision, that licence holder 01/2015 have his Private Hire Driver’s  Licence revoked.

 

               Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel was satisfied that the conviction is very recent and the offence of supplying drugs is of a very serious nature. Further, the subsequent sentencing acknowledged the serious view taken by the Court.

 

874.

APPLICATION FOR A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE

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

Minutes:

Applicant 02/2015 attended the meeting and was represented by his nephew.  The Chair outlined the procedure to follow and the Deputy Licensing Officer read the report which was accepted by the Applicant and his nephew.

 

               Delegated decision:

 

That after careful consideration of the written report, the oral representations made by the Applicant and his nephew, taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel determined the Applicant not to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and therefore resolved that the application for a Private Hire Driver’s Licence by applicant 02/2015 be refused.

 

The Panel noted the Applicant’s personal circumstances but found against the Applicant for the following reasons:

 

·         The offences were of a serious nature and had been viewed as such by the court in terms of sentencing

·         The date of the offences and subsequent conviction were less than 5 years ago.

 

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

              

 

The Chair, Councillor Jones, thanked all the members of the Licensing and Safety Panel for their contributions in 2014 – 2015 and to Councillor Walton who would be retiring as a Councillor at the end of this municipal year.