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.

The minutes of the last meeting, held on 21 December 2016 are attached.

Delegated decision:

That the Minutes of the Licensing and Safety Panel meeting held on 21 December 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 are continuing to be undertaken by the adult learning team. In December 2016, 12 assessments were booked, of which 10 passed, 2 failed and 0 failed to attend.

·         In relation to a Licensing Hearings Panel meeting on 10 May 2016, following an Application for a review of the premises Licence submitted by the Police in respect of PICS (Now known as the Mint Lounge), 30/32 Market Street, Bury and subsequent representations from 3 other interested parties during the representation period, the Licensing Hearings Panel resolved various modifications to the Premises licence. The Licence Holder subsequently appealed the Panel’s decision to the Magistrates’ Court and it was heard on 26 and 27 September 2016 and the decision was announced on 6 December 2016. The Magistrates’ allowed the appeal and amended the hours of the premises licence.  A condition of last entry of 3.00 am was imposed, although this was a change to the condition imposed by the Licensing and Safety Panel of last admittance of 2.00 am. The remaining conditions were reinstated as per the original licence conditions.

It was agreed:

That the report be noted.

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

A report by the Assistant Director (Localities)was submitted to the Licensing and Safety Panel in relation to a request from a Licence Holder to remove condition 28 from his licence.  The Licensing Unit Manager read the report explaining that the Animal Boarding Establishment Act 1963 is the relevant legislation which relates to the boarding of dogs and cats, and includes dog crèches.  The Council has specific conditions which relate to all forms of boarding of animals including those at Dog crèches.

On 12 October 2010, the Licensing and Safety Panel considered and approved licence conditions relating to dog crèches in order to give more specific control in this growing market.  The report is in relation to condition 28 which states ‘full males, bitches in season and puppies under six months of age must not be boarded with other dogs’.  Bury Council adopted this particular condition in order to ensure the safety of all dogs attending a crèche.

Mr Luke Millington, Managing Director of Stay N Play Doggy Day care and the joint Licence Holder of the establishment along with Mr Jason Morgan, attended on behalf of both Licence Holders and explained to the Panel that they have held a licence under the Animal Boarding Establishment Act for a dog crèche since 1 September 2016 and on 12 December 2016; the Licensing Service received a request from Mr Millington to remove condition 28 from the licence. 

Mrs Sandra Coombes, Enforcement Officer in Animal Heath, attended the meeting and explained that things now are different from 1963 and people like to have day care for their animals and this does not include boarding over night.  Condition 28 is to ensure the safe provision and welfare of all the animals.

Mr Millington attended the meeting with his Mother in Law and addressed the Licensing and Safety Panel and explained that after speaking to various veterinary nurse practitioners and other professionals he believed it was important for dogs to socialise from a very young age. He stated that over 90% of aggression in dogs is due to fear and that could be addressed in a puppy for it to learn how to act and react and greet other dogs to give confidence and to find its place within a pack.

Mr Millington explained that at the licensed premises, the dogs are integrated initially on a one to one basis and if there are any dogs that are aggressive they are put into a separate cage and the owner informed that they cannot be accommodated.  Although it is an industrial unit there are various areas off the unit in which to separate dogs if necessary.   The current licence is for 34 dogs but the Day Care has only 20 at any one time.  There are 8 members of staff in total and always 4 on site, making the ratio 1 member of staff to 5 dogs. 

Following various questions by the members of the Licensing and Safety Panel, Mr Millington explained that he  ...  view the full minutes text for item LSP.436

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) 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 01/2017 attended the meeting and was represented by Mr Oakes of The Hackney Drivers’ Association Limited. The Licensing Unit Manager summarised the report, which was accepted by the Applicant and Mr Oakes, which explained that the Applicant had previously held a Private Hire licence with Bury Council from 23 September 2013 to 13 February 2014, when the Licensing and Safety Panel had revoked the licence following an incident on 19 November 2013.  The report explained that on the morning of 19 November a Civil Enforcement Officer was on duty on Wellington Road when she came across the Applicant’s Licensed Private Hire vehicle parked in a suspended parking bay and subsequently attached a fixed penalty notice to the vehicle.

The Applicant, who lived nearby, approached the Officer in an angry manner, swearing.  The Officer tried to reason with the Applicant and then started to walk away.  She then felt a blow to the side of her head, which knocked off her hat and a push in the back, causing her to stumble.

The Applicant and Mr Oakes then addressed the Panel and accepted that although the Applicant had knocked off the Officer’s hat, he had not pushed her in the back, nor sworn at her.  The Applicant explained that at that time he had pulled a muscle in his leg and was in a great deal of pain and had lost his temper momentarily.  Mr Oakes stated that this was not an excuse but a reason why the offence had taken place.  The Applicant had appealed the Licensing and Safety Panel’s decision to have his licence revoked to the Magistrates’ Court but stated that he had not been given notice of the hearing and had therefore failed to attend.  The matter was dismissed and he had been ordered to pay costs of £2,050 at £35 - £40 a month and he still owed £1,215.

Mr Oakes stated that the offence had occurred over 3 years ago and the Applicant stated he did not realise that where he had parked was a suspended parking bay.  He took full responsibility for his actions and regretted his behaviour and hoped he could now be given another chance as a Private Hire Driver. 

Delegated decision:

The Panel carefully considered the report and the oral representations by Mr Oakes and the Applicant and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 01/2017 be refused.

The Panel noted that this was a serious matter and the  ...  view the full minutes text for item LSP.439