Agenda and minutes

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.  

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

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

Councillor Caserta asked a question in relation to paperless meetings as discussed at the previous meeting and the Chair, Councillor Jones, explained that there were currently technical issues but it was hoped the Licensing and Safety meetings would be paperless in the very near future.

Delegated decision:

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

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.

There were no public questions raised under this item.

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

The Assistant Director (Localities) submitted a report advising members on operational issues within the Licensing Service.

The Licensing Unit Manager informed Members of the Licensing and Safety Panel that on 11 December 2015 a Licensing Hearings Panel considered an application for the variation of a premises licence in respect of the hours for the sale of alcohol for Wm Morrisons, Whitefield.  A representation had been received by a local resident.  The decision of the Panel was to vary the premises licence.

Also, it was reported that a multi agency operation was conducted with the Licensing Service and Greater Manchester Police (GMP) on 20 November 2015 where 21 private hire vehicles and 2 hackney carriage vehicles were checked.  2 vehicles had insurance issues and were seized by GMP, 7 of the vehicles had no issues at all and other issues identified were signage, lighting and fire extinguishers.

Councillor Caserta asked if this was a multi agency operation with other Authorities and if the drivers of the vehicles with serious issues would be before the Licensing and Safety Panel in the future.

The Licensing Unit Manager explained that this was an operation just in Bury between the Licensing Service and GMP.  In relation to the 2 vehicles with insurance issues, 1 had already been resolved as the correct insurance was in place but the other would at some stage be before the Members.

It was agreed:

That the report be noted.    

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

There was no urgent business to report.

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.

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.

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

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

Licence holder 01/2016 attended the meeting and was represented by Mr Charles Oakes of the Hackney Drivers’ Association Ltd and was accompanied by a friend who also translated.  The Chair outlined the procedure to be followed and the Licensing Manager read the report, which explained that on 25 November 2015, the licence holder had accepted a simple caution from Greater Manchester Police in relation to an assault occasioning actual bodily harm against his wife, which he had failed to disclose to the Council within 7 days, as required by a condition attached to his Private Hire Driver’s Licence.

The licence holder and his representative were given the opportunity to address the Panel and it was explained firstly that he hadn’t realised that he should inform the Council of the simple caution.

The Panel were informed that the licence holder and his wife had been married for 20 years and had 2 young children.  However, the marriage had broken down following a dispute within the extended family and they had been living apart in Bury for the past 5 years but had decided to attempt reconciliation for the sake of the children.  They had been living together for 2 weeks prior to the incident on 23 November 2015, when an argument occurred over family finances.

The licence holder alleged that his wife had demanded that he leave the property and that she grabbed him in order to get the door key from him. The licence holder pushed his wife away but as he was holding the key at the time, this resulted in her sustaining a scratch to her face.  The licence holder also cut his finger at this time and did not realise that his wife was bleeding.   His wife reported the incident to the Police and he was requested to attend Bury Police station on 25 November 2015 when he was arrested and was issued with a simple caution.

The licence holder explained that in the 20 years the couple had been married there had never been an argument and that it would not happen again.  Mr Oakes stated that the licence holder had not been criminally convicted but had received a simple caution.

The Licensing Unit Manager asked the licence holder if he had a copy of the conditions that he was issued when he was granted a Private Hire Driver’s licence, as it states clearly that if a driver receives a simple caution this must be reported to the Council’s Licensing Office.  The licence holder said he did have a copy of the conditions, however, he did not think that he needed to report this, particularly as  the police had told him it would not appear on a CRB check. He stated he had not done this deliberately.

Mr Oakes presented to the Panel 2 character references both stating that the licence holder is  ...  view the full minutes text for item LSP.638

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

The Licensing Unit 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 and the Chair outlined the procedure to be followed.  The Applicants were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report. 

Applicant 24/2015 had been scheduled to attend the meeting on 3 December 2015 but had requested an adjournment as he required representation.  He has since contacted a Solicitor who has now requested a further adjournment due to the lateness of notification of the hearing by the Applicant.

Delegated decision:

The Licensing and Safety Panel agreed unanimously to adjourn the hearing until the following meeting, on 29 February 2016.

Applicant 02/2016 attended the meeting and was accompanied by a friend who also translated where appropriate, as it was represented that his first language was not English.  The Licensing Unit Manager read the report, which was accepted by the Applicant.

The Applicant and his friend then addressed the Panel and explained that for the last five years he has been struggling financially to support his wife and family.  He has been working as a pizza delivery driver and in an off licence and also delivering keys to properties for a local estate agent; however he needs more financial security.

The Chair asked the Applicant if he wanted to address the issue of the incident that had taken place on 7 September 2011.  A detailed statement from a complainant alleging sexual assault was included in the report.

The Applicant’s friend stated that he has known the Applicant for 12 years and has always respected him.  He stated that he believes that this incident had not taken place.  The Applicant had been interviewed but no charges had been made against him as there was insufficient evidence available.  The Applicant has always denied this allegation.  He stated that he knew the complainant and that she also knew his wife and children and he still does not know why she made these allegations against him.

Members of the Licensing and Safety Panel asked the Applicant why he had declined to answer any questions put to him by the investigating Police Officers at the time, as stated in the report, and why on each of the 4 subsequent occasions his application had been refused (including an application to Rossendale Council) he had not appealed to the Magistrates’ Court.  The Applicant’s friend said he was very scared for himself and his family and he had followed advice from his Solicitor at the time of questioning, who told him what to say. He also stated that the allegation he had made to the police that the female in question had instigated inappropriate sexual behaviour towards him, was not true and again that he had said this upon advice from his solicitor. He stated to the Panel that he was not there to give a false statement.  Following  ...  view the full minutes text for item LSP.639