Agenda and minutes

Licensing and Safety Panel
Thursday, 14th June, 2018 7.00 pm

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

Contact: Leigh Webb 

Items
No. Item

LSP.32

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.33

Minutes pdf icon PDF 85 KB

Minutes of the last meeting are attached.

Minutes:

Prior to consideration of the Minutes of the last meeting held on 26 April 2018, the Chair highlighted that it had been brought to his attention that Minute 437 of the meeting held on 20 March 2018 contained an incorrect statement. The Minute had been circulated and although previously approved the Panel were content to note for the record that the meeting referred to in the minute should state that it was attended by “upwards of 70 taxi drivers”

 

              Delegated decision:

 

              That the Minutes of the Licensing and Safety Panel meeting held on 26 April 2018, be approved as a correct record and signed by the Chair.

 

 

LSP.34

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 members of the public present to ask questions under this item.

 

LSP.35

Operational Report pdf icon PDF 55 KB

Report from Assistant Director of Legal and Democratic Services attached.

Minutes:

The Assistant Director Legal and Democratic Services submitted a report advising Members on operational issues within the Licensing Service.

 

                   The report set out updates in respect of the following issues:

 

·                                   Gambling Act 2005 – A review of the current Statement of Principles is underway in line with the requirement to review every 3 years. Reports will be submitted to this Panel in due course

 

·         Common Minimum Standards – Hackney Carriage and Private Hire Trade – Consultation will be taking place on the issue across Greater Manchester

 

·         Appeal to Magistrates Court – The Licensing Unit Manager reported on a recent appeal which was dismissed, resulting in the Council being awarded £2360 costs.

 

     It was agreed:

 

                   That the report be noted.

 

LSP.36

INTRODUCTION OF SAFEGUARDING TRAINING FOR APPLICANTS/LICENCE HOLDERS OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS' BADGES

Minutes:

The Licensing Unit Manager submitted report setting out a proposal to delay the introduction of      safeguarding training for applicants/licence holders of Hackney Carriage/Private Hire Drivers badges.

 

                    It had been agreed at the meeting of this Panel held on 20 March 2018 that the requirement for training be introduced from 1 July 2018. The Licensing Unit Manager explained that it had since been identified via the Greater Manchester Wider Leadership Team that the training needed to cover a wider range of safeguarding issues including adult and child sexual exploitation, domestic violence, disability awareness and conflict management. It was reported that training providers to deliver all these elements was currently being sought.

 

                    It was agreed:

 

                    That the implementation of safeguarding training, as agreed on 20 March 2018, be delayed until further notice.

 

                    (Note: this item which did not appear on the published agenda was allowed to be considered as a matter of urgency due to further information being recently received on the issue by the Licensing Service).

 

LSP.37

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.38

Request to Remove Application Requirements for Chauffeurs Undertaking Private Hire

Report from Assistant Director of Legal and Democratic Services attached.

 

Minutes:

A report from the Assistant Director Legal and Democratic Services was submitted following receipt of a request from the owner of a Chauffeuring business to consider exempting the following pre-requisites for drivers wishing to be employed by a chauffeur firm:

 

·         Chauffeurs to be exempt from taking the topographical test.

·         Chauffeurs to be exempt from taking the driving assessment.

·         Chauffeurs to be exempt from taking the English and Maths assessment.

 

The business owner explained to the Panel that the prerequisites were making it difficult for him to recruit drivers and gave an overview of the nature of the job and outlined his reasons why he believed the prerequisites were not relevant to chauffeuring.

 

Members of the Panel discussed the current relevant legislation and the rationale behind the current prerequisites. Discussion also took place in relation to the difference between the role of Chauffeuring and taxi driving and the impact of any decision to allow exemptions.

 

Delegated Decision:

 

1.   That the request for exemptions be refused.

 

2.   That a review of the current policy be undertaken.

 

 

LSP.39

Suspension/Revocation of Hackney Carriage Driver's Licence

Report from Assistant Director of Legal and Democratic Services attached.

 

Minutes:

1. Licence holder 01/2018 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 Legal and Democratic Services, which was accepted by the Licence Holder. This explained that the Licence Holder had been given a warning under the Police Reform Act 2002 for driving in excess of 70 mph in a 30 zone, whilst driving with a passenger through Bury Town Centre in the early hours of the morning in April 2018.

 

        The Licence Holder’s addressed the Panel and explained that he had been in desperate need of the toilet and had not realised the speed he was doing. Although he was unaware that he had been speeding he did accept the Police’s warning and was apologetic for his actions. He also indicated that he has a hereditary condition that means he needs to urinate regularly.

 

 

 

        Delegated Decision:

 

                The Panel carefully considered the report and the oral representations provided by the Licence Holder 01/2018 and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved not to revoke or suspend the drivers licence.

 

                The Panel noted that a section 59 Police Reform Act warning did not constitute a formal caution. The Panel acknowledged the driver’s reason was the result of an inherited condition within his family and noted that he had no previous history of speeding.  They also noted his apology and remorse and that the incident had taken place at a quiet time of the day.

                   

                The Chair reiterated to the Licence Holder his legal obligation to ensure the safety of passengers and instructed, on behalf of the Panel, that he undertake a practical driving assessment for taxi drivers provided by one of the Council’s approved driver training companies within the next 6 months.

 

2.   The Chair reported that following a request from the representative of driver 02/2018 the matter had been deferred to the next meeting of this Panel.

 

3.   Licence holder 03/2018 attended the meeting and was accompanied by a friend.

 

The Chair outlined the procedure to be followed and the Licensing Unit   Manager presented a report submitted by the Assistant Director Legal and Democratic Services, which was accepted by the Licence Holder. This explained that the Licence Holder had voluntarily advised the Licensing Service that he had received a disqualification from driving for speeding as a result of having accrued 12 penalty points. Further he had advised that he had appealed this decision and was awaiting the hearing but had had his licence returned in the meantime. Further enquiries were made but the Licensing Service which revealed that the Licence Holder also had a conviction in 2014 and two in 2015 for speeding. These latter convictions had not been disclosed by the Licence Holder.

 

The Licence Holder addressed the Panel and apologised for his actions. He explained that despite the speeding offences, he was  ...  view the full minutes text for item LSP.39

LSP.40

Application for a Hackney Carriage/Private Hire Driver's Licence

Report from Assistant Director of Legal and Democratic Services attached.

 

Minutes:

The Licensing Unit Manager presented a report submitted by the Assistant Director Legal and Democratic Services regarding an application for Private Hire Vehicle Drivers’ Licences. 

 

1.    Applicant 04/2018 attended the meeting and was accompanied by his wife.  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Applicant.

 

The report explained that the Applicant had been cautioned for carrying pepper spray in his vehicle.

 

The Applicant addressed the Panel and explained that the incident was a result of him not knowing that this was illegal as in his original country of residence, the Czech Republic, this would not constitute an offence.

 

The Applicant’s explained that he had bought the spray for his wife in order for her to feel safe whilst out jogging on her own.

                       

                  Delegated Decision:

                  

                    The Panel carefully considered the report and the oral representations by the Applicant and his wife and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 resolved, unanimously, that the application for a Private Hire Driver’s Licence by Applicant 04/2018 be granted.

 

                    The Panel noted that the offence, although of a serious nature, was the result of a genuine mistake for which the Applicant was very apologetic and remorseful.