Agenda and minutes

Licensing and Safety Panel
Tuesday, 5th September, 2017 7.00 pm

Venue: Town Hall, Knowsley Street, Bury

Contact: Nicole Tilly, Democratic Services Officer 

Items
No. Item

LSP.130

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.131

MINUTES pdf icon PDF 93 KB

Minutes of the last meeting held on 27 July 2017 are attached.

Minutes:

Delegated decision:

 

That the Minutes of the Licensing and Safety Panel meeting held on 27 July 2017, be approved as a correct record and signed by the Chair.

LSP.132

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.133

OPERATIONAL REPORT pdf icon PDF 62 KB

A report by 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 7 July 2017 until 18 August 2017 there have been 33 assessments booked, of which 30 passed, 3 failed and 0 failed to attend.

·         Following the introduction of the pre-requisite requirements being introduced prior to making an application to become a hackney carriage/private hire driver, an appeal had been lodged at Manchester Magistrates’ Court by a previous private hire/hackney carriage driver.  The appeal was dismissed and it was concluded that the Licensing Authority had not refused to renew the driver’s licences and the application to renew had not been made in the correct timeframe.  The applicant was going to further appeal to the Crown Court, however, this appeal was withdrawn by the applicant via email on 4 August 2017.

·         A notice of application prior to judicial review was received by the Licensing Service in relation to the proposed exceptional conditions test considered by the Committee at the last Panel.  The Licensing Service responded to the notice, however, this is now no longer being considered by the client.

 

It was agreed:

 

That the report be noted.

 

 

LSP.134

CONDITIONS RELATING TO A DOG CRECHE pdf icon PDF 78 KB

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

Additional documents:

Minutes:

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 Animal Boarding Establishment 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.  The Council has specific conditions which relate to kennels, catteries and boarding of animals at domestic premises.

 

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 stated that 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.

 

Animal boarding licence AB0003 in the name of Stay N Play Doggy Day Care was issued on the 16 December 2016, valid for one year from 1 January 2017 to 31 December 2017 and licences are renewed annually. 

 

The Licensing and Safety Panel considered a request on 19 January 2017 from Mr Millington, Managing Director of Stay N Play Doggy Day Care to remove condition 28 from the Animal Boarding Establishment Licence, however the Panel decided at that time to refuse the request. The Panel did Mr Millington’s experience and the training undertaken by him and his staff, but felt that as the crèche had only be open for a short time, further time was needed to enable him to demonstrate safety standards were met, the best care and welfare was provided and there were no complaints or concerns raised.

 

Subsequently on 19 May 2017, the Licensing Service received another request from Mr Millington to remove condition 28 and further information was received on 7 July 2017 from Millington’s representative.

Mr Millington and his representative, Mr Malcolm Hope, attended the meeting.  Mr Hope explained to the Panel the importance of dogs socialising from a very young age and that over 90 % of aggression in dogs is due to fear which could be addressed in a puppy for it to learn how to act and react with other dogs to give it confidence and find its place within a pack.  Mr Millington also explained how the dogs are integrated and any aggressive dogs are not accommodated. 

 

Mr Hope informed the Panel that Mr Millington was having to turn away a number of customers due to being unable to accept puppies under 6 months old.  Mr Millington provided a number of references and certificates to the Panel and general feedback from very satisfied customers and it was requested that with his knowledge, experience and practice that condition 28 be removed from his licence.

 

 

 

Delegated decision:

 

After carefully considering the written report, oral statements from the licence holder and his representative, and taking into consideration the  ...  view the full minutes text for item LSP.134

LSP.135

REPORT RELATING TO GROUP 2 MEDICALS pdf icon PDF 63 KB

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

Additional documents:

Minutes:

A report by the Assistant Director (Localities) was submitted to the Licensing and Safety Panel relating to medical reports that are required by the Licensing Service to be provided by Applicants for hackney carriage/private hire driver licences, which are considered under Section 51 or Section 59 of the Local Government (Miscellaneous Provisions) Act 1976. These provisions require that applications of this nature shall not be granted unless the Council are satisfied that the Applicants are ‘fit and proper’ persons to hold such licences. 

 

In addition, on reaching 45, current licensed drivers are required to obtain a medical report and are required to be passed fit every five years and from the age of 65 an annual certification is required.

 

The Council’s current policy is that all drivers must meet the requirements of the Group 2 standard for category C1 vehicles as set out by the DVLA and additional requirements are specified in respect of drivers who are insulin dependent diabetics.

 

At present the Licensing Service require the medical assessment to be carried out by the Applicants/licence holder’s own doctor by completing a Council template medical report.

 

Mr Oakes, Chairman of the Hackney Drivers’ Association Limited, has asked the Council to permit Applicants/licence holders to have their medical assessment undertaken by an alternative provider as the fees charged will be cheaper than that of their own doctor.

                    

It was explained that the Licensing Service has contacted alternative providers and received detailed information on how the assessments are carried out. 

Various issues were raised by the members of the Panel including who the alternative medical provider would be and if the assessment would be as thorough as an Applicants/licence holders own GP.

 

Delegated decision:

 

It was agreed, on a majority decision, in addition to medical assessments being undertaken by the Applicant/licence holders own doctor, to permit them to obtain a medical assessment from a pre-approved alternative provider and to delegate to the Head of Service (Trading Standards and Licensing), following consultation with the Chair of the Licensing and Safety Panel, to approve alternative providers to carry out the driver assessments.

 

LSP.136

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.137

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.138

SUSPENSION/REVOCATION OF A HACKNEY CARRIAGE DRIVER'S LICENCE

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

Minutes:

Licence holder 19/2017 attended the meeting and was accompanied by   his wife.

 

The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Localities) which was accepted by the Licence Holder.

 

The report explained that the Licence Holder was before the Licensing and Safety Panel following a complaint on 10 July 2017 about his poor driving.  The Licensing and Safety Panel were shown dashcam footage which was submitted by the complainant of the incident, which took place on Tenterden Street with Jubilee Way whilst both the Licence Holder and complainant were waiting to pull out to the right towards Manchester Road.

 

The complainant stated that as he waited to pull out, the Licence Holder’s vehicle overtook from behind and came onto the complainants left nearly causing a collision.  The Licence Holder then put his arm out of the window and swerved from left to right.  

 

The Licence Holder addressed the Panel along with his wife and explained he had his 17 year old son in the car with him and that the complainant had been rudely gesticulating to him and that is why he had swerved his vehicle.  He explained that he was not working as a private hire driver at that time and that unfortunately, his Father in Law had passed away very suddenly not long before and it had been a very stressful time for him, his wife and four children.  He stated he was sorry for the incident and explained that he is the sole financial provider for his family and now his mother-inlaw also.  He had made a mistake on that occasion and he was remorseful for his actions.

 

Various questions were asked from members of the Licensing and Safety Panel.

 

Delegated decision:

 

The Panel carefully considered the report and the oral representations by Licence Holder 19/2017 and his wife and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved unanimously, to admonish the Licence Holder as to his conduct but to take no further action.

 

The Panel noted that the Licence Holder was remorseful for his actions and accepted the seriousness of the situation. The Chair reiterated to the Licence Holder how important careful and considerate driving was and the high expectations placed upon him as a Licence Holder in Bury.

LSP.139

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVERS' LICENCES

A report by 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 20/2017 attended the meeting and was represented by his solicitor Mr Ahmed and accompanied by a friend.  The Applicant accepted the report which explained that he had previously appeared before the Licensing and Safety Panel on 3 September 2015 and had been refused a private hire driver licence. The Applicant had appealed the decision to the Magistrates’ Court, but the appeal had been

dismissed and the Applicant was ordered to pay the Council’s costs of £650.

 

The report went on to explain that the Applicant had previously held a private hire drivers licence. In June 2015 checks revealed that he had been convicted of theft on 9 August 2012 at Bury and Rochdale Magistrates’ Court, for which he had been fined £100 with costs of £150 and a victim surcharge of £15. The Applicant, as a Licence Holder at that time failed to disclose the conviction both at the time it was received and upon subsequent renewals of his licence.

 

Mr Ahmed explained that the Applicant had been with a friend in a pub in Bury and his friend had accessed the gambling machine and stolen the money from it.  The Police had viewed CCTV footage from the evening and the Applicant had been identified.  The Police had visited him the week after for information on who had been responsible for the theft but he had refused to disclose the identity of his friend.  However, both were subsequently identified following a police investigation and both were charged with theft and appeared before Bury and Rochdale Magistrates’ Court.  The Applicant entered a guilty plea. 

 

In relation to the issue of failing to declare the conviction, Mr Ahmed explained that he thought it was a minor offence for which he had received a fine and therefore did not need to declare it. In addition, Mr Ahmed explained that the Applicant was dyslexic and struggled to complete forms and had been very depressed and stressed about the conviction, had no issues since the conviction and had a clean driving licence. 

 

The Applicant then addressed the Panel and explained that he was an honest person and had made a mistake.  He no longer drinks and wants to provide for his family financially.  Although he had made a mistake in the past he was now focusing on the future. The Applicant explained that he was very sorry, could not change the past and wanted to look forward. He stated that he is currently working for a PPI company and had learnt so much to do with technology since starting there in February 2016, however, he was not suited to office work  ...  view the full minutes text for item LSP.139