Agenda and minutes

Licensing and Safety Panel
Tuesday, 28th November, 2017 7.00 pm

Contact: Nicole Tilly, Democratic services Officer 

Items
No. Item

LSP.279

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.280

MINUTES OF THE LAST MEETING pdf icon PDF 61 KB

To approve and sign as a correct record the minutes of the last meeting held on 19 October 2017.  A copy of the minutes is attached.

Minutes:

Delegated decision:

 

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

 

LSP.281

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.282

OPERATIONAL REPORT pdf icon PDF 82 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 29 September 2017 until 10 November 2017 there have been 22 assessments carried out, of which 19 passed, 3 failed and none failed to attend.

 

·         In relation to two separate Licensing Hearings Panels convened on 31 October 2017, the Licensing Unit Manager explained that the first for Polka, Parkhills Road, Bury, had presented an application to transfer the surrendered premises licence.  Greater Manchester Police gave notice that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective.  After considering the transfer application, the Licensing Hearings Panel resolved to reject the application.

The second application was for Grape to Grain, Bridge Street, Ramsbottom, for the grant of a new premises licence and a representation was received from an interested party in respect of the application.  After considering the application, the Licensing Hearings Panel resolved to grant the application.

 

·         In respect of the Equality Act 2010, a complaint was made to the Licensing Service from a member of the public who is blind.  Following an investigation it was decided to instigate prosecution proceedings and on 1 November 2017, a private hire driver attended Manchester Magistrates Court and pleaded guilty to an offence under section 170 (3) of the Equality Act 2010, which states ‘the driver of a private hire vehicle commits an offence by failing or refusing to carry out a booking accepted by the operator – if the reason for the failure or refusal is that the disabled person is accompanied by an assistance dog’.  The driver was fined £250.00 with costs of £250.00 and a victim surcharge of £30.00.

 

·         An innovative partnership programme has been developed, ‘Communities in Charge of Alcohol’ (CICA) between the Greater Manchester Combined Authority, Greater Manchester Health and Social Care Partnership, all 10 Greater Manchester Local Authorities, the Royal Society for Public Health, the University of Salford and Public Health England, North West.  The programme aims to kick-start the development of a network of community alcohol champions across Greater Manchester, built on the principle that local communities should be empowered to take charge of their own health and people in communities are best placed to influence their friends, families and colleagues.

 

Radcliffe and the Darnhill area of Rochdale have been selected, due to the infrastructure already available, with the aim to provide community members with knowledge, skills and key contacts to support people to reduce drinking, attend local community events in relation to alcohol and health and provide support for communities to get involved with licensing decisions by helping raise issues with the local authority about venues selling alcohol.

 

The Licensing Unit Manager of Bury along with the Service Manager from Rochdale attended a presentation on the Licensing Act in order to give guidance on the processes  ...  view the full minutes text for item LSP.282

LSP.283

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.284

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.285

CONSIDERATION OF A PSV DRIVER TO BE APPROVED TO WORK ON A HOME TO SCHOOL CONTRACT

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

Minutes:

(E)               The 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 consideration of a driver’s suitability to work on the Home to School and College transport contract.  The Council currently provides home to school transport to approximately 400 children attending 45 schools within the borough of Bury and neighbouring authorities.

 

                      Passengers using the Service have a range of additional needs including learning, behavioural, sensory, hearing, visual, autistic disorders 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 this application, as part of the process to be accepted as a PSV driver on the Home to School transport contract, a DBS status check was undertaken on an enhanced certificate that had been applied for by Wigan Council, which showed a caution dated 11 November 2016, in relation to a common assault (criminal justice act 1998 S.39) and the Applicant was cautioned on the same date by Greater Manchester Police.

 

                      The Applicant attended the meeting, unaccompanied and explained to the Members of the Licensing and Safety Panel that he had accepted the caution at the Police Station as he thought it was a formal procedure.  He had been kept for 20 hours and just wanted to get home.  He had asked if the caution would show on any records and had been told that it would not appear on a DBS check.  The Applicant stated that he would not have signed and accepted the caution if he had known and he was unaware that he should have declared this to the Licensing Service.

 

                      The Applicant explained the circumstances behind the caution, in that it was following a domestic incident with his then wife, with whom he has two children, after finding out that she had been having an affair.  He explained he had only pushed her and that they were now divorced and he now has a platonic relationship with her.  This was a one off incident which wouldn’t be repeated and he felt it unfair that the caution would affect any future job prospects, under the circumstances.

 

                      The Applicant explained that for 10 years he has been running his own business on the Home to School and College transport framework and has previously worked for Bury Council, amongst other Local Authorities.  He is currently employed with Schools Direct. 

 

                      Delegated decision:

 

The Panel carefully considered the report and the oral representations by the Applicant and taking into account the  ...  view the full minutes text for item LSP.285

LSP.286

SUSPENSION/REVOCATION OF HACKNEY CARRIAGE DRIVERS' LICENCES

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

Minutes:

1.   Licence Holder 24/2017 attended the meeting and was accompanied by his wife and brother.

 

                    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, in most part, by the Licence holder.

 

                    The report explained that on 6 July 2017 a Licensing advisor took a complaint regarding the Licence Holder, from the Manager at a home health care service in Bury, on behalf of her client.  The care service have a contract with a private hire operator who the Licence Holder driver is employed by. The complaint alleged that the Licence Holder had failed to strap the client’s wheelchair correctly into the private hire vehicle, allowing the wheelchair to move and banging the client’s

                    foot, causing severe bruising.  A photograph of the patient’s foot and written witness statement made by the client’s support worker were distributed to the members of the Licensing and Safety Panel prior to this hearing.

 

                    The background of the complaint was that the care service client was attending her 70th birthday party in Bury on Sunday 2 July and a member of staff had ordered her a taxi at 5 pm to be returned to her home address.  The member of staff stated that she had seen the driver before and he had previously driven the client but was not one of her regular drivers.  The Licence Holder asked if anyone would be travelling with the client and was told no as she was capable of travelling alone.  On this occasion the client was using her electric wheel chair, not her manual one and the Licence Holder pushed her into the taxi and the member of staff left him to strap her in.  The member of staff went back to collect presents and then followed with another client in her car who lives with the client.

 

                    The member of staff states that she saw the taxi pulled over in a layby just before the Town Hall in Bury on the way to the client’s home and saw the Licence Holder go into the back of the taxi with the client.  As the member of staff had another client in her vehicle she could not pull in behind.

                   

                    The client cannot speak properly but communicates through her Social Worker and with spell cards and on Tuesday 4 July, she told a member of staff that her foot was sore and that the Licence Holder had not strapped her in properly and when he had pulled over he had asked her if she was ok and adjusted the straps.  The member of staff reported to her manager that she had seen the vehicle pull over on the return journey home.

 

                    The Licence Holder addressed the Panel and explained that he believed he had strapped the client in properly and that the member of staff had witnessed him do so. He stated that he couldn’t understand why if they had thought he  ...  view the full minutes text for item LSP.286