Agenda and minutes

Licensing and Safety Panel - Thursday, 14th July, 2016 7.00 pm

Venue: Meeting Rooms A&B, Bury Town Hall, Knowsley Street Bury BL9 0SW

Contact: Leigh Webb 

Items
No. Item

LSP.136

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.

 

LSP.137

MINUTES pdf icon PDF 44 KB

Minutes of the last meeting, held on 9 June 2016, are attached.

Minutes:

Delegated decision:

 

That the Minutes of the Licensing and Safety Panel meeting held on 9 June 2016, be approved as a correct record and signed by the Chair.

 

LSP.138

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.

 

 

LSP.139

OPERATIONAL REPORT pdf icon PDF 62 KB

Report form Assistant Director (Localities) is attached.

Minutes:

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

 

The report set out updates in respect of the following issues:

 

·         Driver Assessments

·         Home Study Pack Review – Expected Conduct of a Licensed Driver.

·         Premises Licence Reviews

·         Parklife Event

 

During discussion of this item, Members of the Panel placed on record their appreciation for the hard work of the Licensing Department in relation to the Parklife event, held in Heaton Park on 11th and 12th June 2016.

 

It was agreed:

 

That the report be noted.

 

LSP.140

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 reported.

 

LSP.141

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.

 

LSP.142

Application for a Hackney Carriage/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 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. 

 

1.     Applicant 16/2016 attended the meeting and was accompanied by his legal representative.  The report was read by the Licensing Unit Manager and was accepted by the Applicant and his legal representative. Through the Applicant’s representative, it was explained that the Applicant had not sought to deceive the Licensing Department by not declaring the offences listed in the report relating to the removal of and failure to disclose the disposal of personal as an undischarged bankrupt. On examination of the Applicants Private Hire Licence application form it was noted that the Applicant had made reference to the fact he had been made the subject of a bankruptcy order at Bolton County Court, but there was no reference to the subsequent convictions for offences connected to that bankruptcy.

 

In relation to the offences the Applicant’s representative explained that he had been a young man at the time, pleaded guilty immediately and expressed regret over the incidents. He had, it was explained, felt pressurised to comply with the requests of an older family member. In addition, the Applicant’s representative explained that the Applicant would, if given the opportunity, have pleaded guilty much earlier. This would have resulted in a far earlier date of conviction as the actual offences occurred almost 5 years ago and the conviction occurred in January 2014.    

 

Delegated decision:

 

The Panel carefully considered the written report and the oral representations made by the Applicant and the Applicant’s Legal

representative and taking into account the Council’s Conviction Policy and Guidelines, in accordance with the Local Government (Miscellaneous Provisions) Act 1976 the Panel determined that Applicant 16/2016 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence. 

 

The Panel noted that;

the offences although serious, had been committed almost 5 years ago when the Applicant was much younger

·         the offences had been the result of pressure imposed on the Applicant from an older family member

·         the Applicant had pleaded guilty at the earliest opportunity

·         the Applicant expressed regret over the incident

·         the Applicant had disclosed his bankruptcy.

 

2.     Applicant 20/2016 attended the meeting and was accompanied by his wife.  The report was read by the Licensing Unit Manager and was accepted by the Applicant. Through his wife, the Applicant stated that the offence referred to related to using a vehicle with no insurance, had been the result of him unknowingly being uninsured,  due to his insurance company not notifying him that the policy had been cancelled, as a result of a failed direct debit payment due to lack of funds. The Applicant’s wife explained that she manages the family finances  ...  view the full minutes text for item LSP.142