Agenda and minutes

Licensing and Safety Panel - Tuesday, 7th March, 2017 7.00 pm

Venue: Meeting Rooms A & B - Town Hall. View directions

Contact: Nicole Tilly, Democratic Services 

Items
No. Item

LSP.567

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.568

MINUTES

Minutes:

Delegated decision:

 

That the Minutes of the Licensing and Safety Panel meeting held on 19 January 2017, be approved as a correct record and signed by the Chair.

 

LSP.569

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 questions raised under this item.

LSP.570

OPERATIONAL REPORT pdf icon PDF 54 KB

A report from the 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:

 

·         Pre-application assessments are continuing to be undertaken by the adult learning team.  From 4 January 2017 until 17 February there have been 47 assessments booked, of which 32 passed, 13 failed and 2 failed to attend.

·         In relation to an immediate suspension of a private hire driver, following information from Greater Manchester Police of a serious assault on 27 January 2017.  The driver in question has handed in his driver’s badge and will be suspended pending the outcome of the Police investigation into the assault.

·         In relation to an application for a Summary Review from Greater Manchester Police in respect of the Alt House, Moss Lane, Whitefield, in connection with serious crime and/or serious disorder, a Licensing

Hearings Panel was convened on 10 February 2017 and on consideration of the evidence, members imposed interim steps which resulted in the premises licence being suspended pending the full review on 6 March 2017.

 

The Chair of the Licensing and Safety Panel informed the Committee that following the full review, which he also chaired, the Premises Licence for the Alt House had been revoked.

 

It was agreed:

 

That the report be noted.

LSP.571

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.572

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.573

CONSIDERATION OF DRIVER SUITABILITY TO WORK ON THE HOME TO SCHOOL & COLLEGE TRANSPORT CONTRACT

A report from the Director of Children’s Services is attached.

Minutes:

Mrs Nicola Hudson, Transport/Contract Supervisor, of the School and College Transport Team, presented a report submitted by the Director of Children’s Services in relation to the suitability of an individual Public Service Vehicle (PSV) driver to authorise them to work on a home to school contract.

 

Passengers using the Service have a range of additional needs including learning, behavioural, sensory, hearing, visual, autistic disorder or physical disabilities and escorts are allocated to accompany pupils on their journey to and from school where required. 

 

A report was considered on 6 October 2014 in relation to the Licensing and Safety Panel undertaking a review of PSV drivers working on School and College transport contracts when a caution or conviction is disclosed on their enhanced DBS certificate. Members resolved that the Panel would become the single reviewing body for such applications and the relevant delegation was amended, so as to enable it to determine if such applicants were ‘fit and proper’.

In relation to the current driver, an application was made for an enhanced DBS on 27 September 2016 which showed a conviction dated12 December 2007, in relation to racially aggravated assault by beating on 24 February 2007.  The Applicant was convicted on 12 December 2007 at Bolton Crown Court and sentenced to unpaid work requirement.

 

The Applicant attended the meeting, accompanied by their employer and explained to the Panel that the incident had occurred 10years ago but that the offence of racially aggravated assault by beating was an exaggerated explanation of what actually happened. On the night in question, the Applicant had fallen at home and had to go to hospital for treatment. They had been put in a side ward and the nurse treating them had made a comment when asked who was in the bed, ‘oh, just another drunk’.  The Applicant was very unhappy with this comment as they were not drunk and had challenged the nurse about the comment and stated they did not want to be treated by her. 

 

The Applicant explained that whilst trying to get off the bed their foot had caught the hip of the nurse but no physical contact had been intended.  The Applicant felt that the nurse was trying to cover up for her previous statement and had then called Security making an allegation that she had kicked with intent.

 

The Applicant admitted being angry at this time and had called the nurse a ‘sly person’ and then a ‘paki’ but regretted this and was very remorseful but it was the heat of the moment in the chain of events.

 

The Applicant explained that they had eventually pleaded guilty due to the costs involved and the time taken off work and had been given a 12 month suspended sentence, ordered to pay £500 compensation and had undertaken Community Service.

 

The Applicant stated that they really wanted this employment and felt that the punishment already served outweighed the actual incident.

 

Delegated decision:

 

The Panel carefully considered the report and the oral representations  ...  view the full minutes text for item LSP.573

LSP.574

SUSPENSION/REVOCATION OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVER LICENCES

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

Minutes:

Licence Holders 03/2017 and 04/2017 were invited into the meeting together at their specific request.  Licence holder 03/2017 was represented by Mr G Bridge, License Holder 04/2017 was unrepresented and both were accompanied by their partners.

 

The Chair asked each Licence Holder individually and Mr G Bridge if they were in agreement to have the hearing in each other’s company and they indicated that they were content that this was the best way to conduct the meeting. It was explained that the licence holders were second cousins and the incident in question had been resolved following a family gathering. 

 

The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a summarised report submitted by the Assistant Director (Localities) on the proposed suspension of the Private Hire Drivers’ Licences.

 

The Licence Holders were before the Licensing and Safety Panel following a violent altercation between both drivers on 5 February 2017.

 

The Licensing and Safety Panel were then showed CCTV footage of the altercation which took place on Silver Street in Bury Town Centre.

                       

Mr G Bridge then addressed the Panel on behalf of Licence Holder 03/2017 explaining that the drivers were second cousins and there was a strong family connection.  This Licence Holder was working for a local taxi firm and their second cousin had started to work for them also but it hadn’t worked out and had left to work with a different operator. This had caused some issues within the family.

 

On 5 February 2017, Licence Holder 03/2017 had stopped their vehicle on Silver Street whilst dropping passengers.  The vehicle then caused an obstruction on the road. It was a rainy night and the passengers had asked to be dropped off directly outside Brambles and the Licence Holder had felt obliged to do this which then caused the obstruction.

 

Licence Holder 04/2017 had then arrived and had been unable to get passed and words were exchanged.  Licence Holder 03/2017 had then got out of their vehicle and approached 04/2017 on the driver’s side and opened the door.  The CCTV showed the footage of Licence Holder 04/2017 then hitting 03/2017 who then returned to their vehicle, realised their glasses had come off and returned to find them.  Another brief altercation took place and then both drivers move off.  Mr G Bridge stated that at no time did Licence Holder 03/2017 use any violence.  Licence Holder 03/2017 reported the incident to the Police as he had an eye injury and was treated at hospital.  Since having reported the incident, the complaint has since been withdrawn and Greater Manchester Police has not had any involvement.

 

Mr G Bridge then referred to a previous warning given to Licence Holder 03/2017 on 6 March 2013, relating to a road rage incident involving a member of the public and explained that Licence Holder 03/2017 was approaching a zebra crossing, again on Silver Street and had a slow speed collision with a pedestrian.  The Police were involved but there was no  ...  view the full minutes text for item LSP.574

LSP.575

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVER LICENCES

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

Minutes:

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 05/2017 attended the meeting and was represented by Mr Ahmed, Solicitor.  The Licensing Unit Manager read the report which was accepted by the Applicant and their Solicitor which explained that the Applicant had been convicted at Greater Manchester Magistrates’ Court on 19 July 2016 (postponed from 12 July 2016) for failing to provide a specimen for analysis and had been fined £325 and his DVLA Licence endorsed with 10 penalty points with costs of £225 and victim surcharge of £32.  The Applicant had previously held both Private Hire and Hackney Carriage Driver Licences until 4 September 2016.

 

The Applicant’s Solicitor addressed the Panel and explained that on the date of the offence, 15 March 2016, the Applicant had been picked up in a car, by a friend, near to where they live.  The Applicant got in the vehicle having drunk alcohol, but did not realise that the friend only had a provisional driving licence.  The car was stopped by Police and the Applicant, being classed as in charge of the vehicle, was asked to provide a sample which the Applicant refused and was subsequently taken to the Police station.  The Applicant wrongly thought they could seek legal advice prior to giving a sample which was the reason for the refusal. It was accepted that this was not an excuse for the Applicant’s behaviour but a reason why the offence was committed.  The Applicant had now had to move back home with parents due to financial implications and hadn’t worked for 4 months.

 

The Applicant also addressed the Panel and explained that the initial conviction date of 12 July 2016 had been moved to 19 July 2016 due to the Applicant having a tooth infection and being unable to attend. 

The Applicant stated they would not have got in the car had they known the driver had only a provisional licence as they would not have jeopardised their licence with Bury Council.  This was the Applicant’s

profession and they really needed a licence to work. 

 

                              Delegated decision:

 

                              The Panel carefully considered the report and the oral representations by the Applicant and after 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 05/2017 be granted.

 

                              The Panel acknowledged that failure to provide a specimen was a serious offence, however, the Applicant was genuine in the explanation as to why they had initially been in the car with a driver who was driving on a provisional licence and then subsequently refused to provide  ...  view the full minutes text for item LSP.575