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.

Minutes of the last meeting, held on 12 October 2016 are attached.

Delegated decision:

That the Minutes of the Licensing and Safety Panel meeting held on 12 October 2016, 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 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 report set out updates in respect of the following issues:

Pre-application assessments – The Licensing Manager informed the Members that assessments are continuing to be undertaken by the adult learning team.  26 assessments have been carried out, of which 20 passed, 6 failed with none failing to attend.

In relation to suppliers of the pre-requisite driving assessments, the Licensing Manager stated that two companies have been authorised to undertake assessments.

On 8 November 2016, the Chair of the Licensing and Safety Panel and the Licensing Service met with representatives from the Hackney Carriage and Private Hire trade to discuss various issues and the minutes of this meeting were forwarded to the Trade representatives and all members of the Licensing and Safety Panel.

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 reported.

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 30/2016 attended the meeting and was represented by Mr G Bridge and accompanied by Mr C Oakes of the Hackney Drivers’ Association Ltd.  The Chair outlined the procedure to be followed and the Licensing Manager read the report, explaining that on 5^th September 2016, the Licensing Service had received a complaint that the Licence Holder had been parked at the side of the road and had called out to the complainant asking if he wanted to be taken home and had subsequently inappropriately touched the complainants hand. When the Licence Holder had been spoken to about the incident he initially did not recall it and then denied it. The report went on the outline 4 previous complaints received by the Licensing Service about the Licence Holders conduct, all of a similar nature.

In response, the Licence Holder and his representative Mr G Bridge asked questions and made various statements on the report, including:

In relation to the incident on 5 September 2016, the Licence Holder denied the allegation and raised the fact that there are a number of issues with Private Hire Drivers parking on hackney carriages ranks, leaving no room for the Hackney Carriage Drivers. This had occurred on this occasion, meaning there was nowhere on the rank for the licence holder to park.

In relation to the incident on 25 March 2016, following Councillor Bayley’s submission that he had seen the Licence Holder’s vehicle effectively plying for hire, the Licence Holder again denied this stating his vehicle was being repaired at the time and that there were least 7 other silver Hackney Carriage vehicles registered with Bury Council. He also produced a witness to corroborate his version of events.

In the report, 3 other incidents on 2 November 2010, 13 January 2011 and 11 May 2012 were described, following which the licence holder was spoken to by Licensing Enforcement Officers.

In relation to the incident on 11 May 2012, Mr G Bridge referred to a report considered by the Licensing and Safety Panel on 10 June 2013, in which it explained that the Licence Holder did not hold a Hackney Carriage Driver’s licence from 29 June 2011 until 30 August 2012.  The Licence Holder appeared before Bury Magistrates Court on 23 January 2013 charged with a single specimen charge of driving a licensed Hackney Carriage vehicle on 11 May 2012, when he was not the holder of a Hackney Carriage Driver’s licence.  The Licence Holder was found not guilty due to the Court being not satisfied that he was the driver on 11 May 2012.  The Licensing and Safety panel had subsequently made the decision on 10 June 2013 to take no further action against the Licence Holder.

In relation to the other incidents he denied them or could not recall them.

Various questions were asked of the licence holder by the  ...  view the full minutes text for item LSP.370