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 15 November 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 from 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.  From 28 October until 2 December 2016, 30 assessments have been carried out, of which 27 passed, 3 failed with none failing to attend.  The general feedback from candidates has been largely positive and there have been no complaints or disagreements when a candidate has been unsuccessful.

The two suppliers who have been authorised to undertake the pre-requisite driving assessments are Defensive Driver Training and Mitchells.  The feedback from the Defensive Driver Training examiners was that the standard of the drivers who pass is very

good with only a few minor errors, with a 76% pass rate of the candidates that attended. 

Mitchells have carried out around 150 Driving Test Assessments for the Greater Manchester Authorities, of which a number have been for Bury Council.  The pass rate of these tests is around 50 to 60% but there is not a figure specifically for the candidates of Bury Council.

·         The Licensing Unit Manager explained that in relation to the Immigration Act 2016, Licensing Service staff has recently attended training in relation to the new provisions around preventing illegal working in the private hire vehicle and taxi sector.  With effect from 1 December 2016, the provisions in the 2016 Act prohibit all Licensing Authorities across the UK from issuing to anyone who is disqualified by reason of the immigration status and other immigration safeguards into the existing Licensing regimes across the UK.  The Licensing Service is currently amending their procedures to comply with the requirements of the Act.

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.

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

Licence holder 31/2016 attended the meeting and was accompanied by his daughter.  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Licence Holder. This explained that on 4 May 2016 the licence holder was granted a Private Hire Vehicle Licence in relation to a Volkswagen Passat which was approximately 3 years and 8 months old from the date of first registration.  The vehicle was subjected to an initial vehicle inspection by the Council’s examiner at Bradley Fold, Bury. At this time the Licence Holder was advised that the vehicle had passed the test and was handed a written advice by the examiner advising that the front tyre treads were low and that the rear tyre inner edges were worn. It also advised the Licence Holder of the date and time of the vehicles next interim test.

On 2 November 2016 the Licence Holder failed to attend an interim test at Bradley Fold test Centre, with the vehicle, resulting in the Private Hire Vehicle Licence being suspended as a matter of routine.  The Private Hire Vehicle Licence plates were returned to the Licensing Service on 14 November 2016 and a new test appointment was made for the following day, at which the vehicle failed the inspection with a total of 8 faults, of which 6 were MOT defined faults.  All 4 tyres were found to be below the legal tread limit, 2 being so bad that the wire construction chords which lie below the rubber were visible.

In response the Licence Holder and Licence Holder’s daughter explained that following the test on 4 May 2016 all 4 tyres on the vehicle had been changed but had driven over 11,000 miles since then.  The Licence Holder stated that the faults found in relation to the tyres on 14 November were due to the tracking on the vehicle. It was explained that the Licence Holder had been a taxi driver since 1993 but this year had had a number of personal problems. The Licence Holder’s sister had passed away in Pakistan and his wife has recently been unwell and had been in hospital and that the Licence Holder himself has not been well.  He had forgotten to check the tyres and it was a genuine mistake and he was sorry. The Licence Holder stated that he had the car serviced in August and the tyres had been checked then. The Licence Holder produced a receipt for the purchase of the tyres and also a reference.

Delegated decision:

After carefully considering the written report, oral statements from the Licence Holder and his daughter, taking into consideration written evidence and the character reference and taking into account the Council’s  Convictions Policy and Guidelines, pursuant to the Local Government (Miscellaneous Provisions) Act 1976, the Panel resolved, unanimously, to revoke the  ...  view the full minutes text for item LSP.430

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 33/2016 attended the meeting and was unaccompanied. The Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant had been convicted of driving a motor vehicle with excess alcohol on 4 November 2011 at Coventry District Magistrates’ Court and was disqualified from driving for 18 months and fined £20 with £80 costs.

The Applicant addressed the Panel and explained that he was a single Father of a 10 year old daughter, with a lot of responsibility to provide for her.  He currently works night shifts but to drive a Private Hire vehicle would allow him to work hours that suited him to be able to care for his daughter.  The Applicant explained that he had also attended a DVLA drink/driving course and is licence had therefore been restored to him after 12 months. He further stated that he no longer drank, particularly as he took his responsibilities for caring for his daughter very seriously.

      Delegated decisions:

1.     The Panel carefully considered the written report and the oral representations made by the Applicant 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 33/2016 was a fit and proper person and resolved to grant the application for a Private Hire Driver’s Licence.   

The Panel noted that although a serious matter, the conviction was over 5 years ago and there had been no further convictions since that time. The Panel also acknowledged the Applicant’s personal circumstances and that he was remorseful for his actions.                                 

1.    Applicant 34/2016 attended the meeting and was unaccompanied.  The Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant had previously held a Private Hire drivers licence, which had expired on 17 November 2016. He subsequently submitted a new application and declared he had been convicted at Manchester and Salford magistrates’ Court on 11 March 2016 for driving with no insurance (IN10), committed in November 2015.  The Applicant had his DVLA Licence endorsed with 6 penalty points and was fined £175.

                   The Applicant then addressed the Panel and explained that he had been randomly stopped by Police in Bury Town Centre. When asked by the police what he was doing, he had openly explained that he was transporting food from a takeaway business.  The Applicant stated that he had gone to collect food for his family from a friend’s takeaway business and his friend had asked him to deliver some food on his way home and help him out, as it was a very  ...  view the full minutes text for item LSP.431