Agenda and minutes

Licensing and Safety Panel
Wednesday, 5th September, 2018 7.00 pm, MOVED

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

Contact: Nicole Tilly 

Items
No. Item

LSP.124

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.125

MINUTES pdf icon PDF 85 KB

The minutes of the last meeting held on 2 August 2018 are attached.

Minutes:

Delegated decision:

 

                   That the Minutes of the Licensing and Safety Panel meeting held on 2 August 2018, be approved as a correct record and signed by the Chair.

 

LSP.126

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.127

OPERATIONAL REPORT pdf icon PDF 103 KB

A report by the Assistant Director (Legal and Democratic Services) is attached.

Minutes:

The

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

 

The 9 week consultation in respect of the Statement of Principles under the Gambling Act 2005 has now commenced and this will end on 5 October 2018.  A further report will be presented to the next Licensing and safety Panel on 18 October 2018 for consideration.

 

·         Revocation and appeal to the Magistrates’ court in respect of a Private Hire Driver’s Licence

 

The Licensing Service, in consultation with the Chair, revoked a Private Hire Driver’s Licence on 1 August 2018 with immediate effect following information received from Greater Manchester Police about the driver’s conduct.  On 3 August 2018 the driver had an appeal considered at Manchester Crown Court in respect of a four month suspension for failing to take a guide dog in his Private Hire vehicle.  The Court agreed that the appeal against that suspension should not proceed when the licence in question has since been revoked and the matter was adjourned until 5 October 2018 in order to update the Crown Court on the driver’s pending appeal against revocation.

 

·         Decision of the Royal College of Veterinary Surgeons

 

The Council took prosecution proceedings against a Mr Molnar in relation to the offences of bringing in to the country five miniature ‘teacup’ dachshund puppies and running an illegal pet shop from his home in Prestwich. Mr Molnar pleaded guilty at Manchester Magistrates’ Court on 7 March 2018. The puppies were offered for sale on various internet sites when they were much younger than the age suggested on the vaccination card and therefore too young to have been legally brought into the UK.  When tested, the puppies did not have rabies immunity.  Mr Molnar, who now lives in Dartford, Kent, was given a 270 hour Community Order and ordered to pay compensation and was banned from operating a pet shop or boarding establishment for ten years.

 

Mr Molnar was registered with the Royal College of Veterinary Surgeons and as a result of these convictions, on 2 August 2018, a Disciplinary Committee found that in view of the seriousness of Mr Molnar’s conduct, the risk to public and animals and the fact that the convictions were directly linked to his veterinary practice, that he was unfit to practise.

 

     It was agreed:

 

                   That the report be noted.

 

LSP.128

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 raised under this item.

LSP.129

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.130

SUSPENSION/REVOCATION OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS' LICENCES

A report by the Assistant Director (Legal and Democratic Services) is attached.

Minutes:

           1.      Licence Holder 06/2018 attended the meeting and was represented by Mr Rashid, Solicitor.      

 

        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 and his Solicitor. This explained that on 1 May 2018, the Licence Holder attended the Licensing Service and presented paperwork issued by Greater Manchester Police (GMP) indicating that he was to stand trial at Manchester Magistrates’ Court on 22 June 2018 for offences contrary to the Protection from Harassment Act 1997 and on 27 June 2018, he advised that he had been found guilty of conduct amounting to stalking contrary to s.21 (1) & (4) Protection from Harassment Act 1997.  The dates of the offence for which the Licence Holder was convicted were 1st and 25th April 2018. The Licence Holder was given a restraining order lasting until 21 June 2020 and sentenced to 100 hours unpaid community work with a £380 fine.

 

        The Licence Holder’s Solicitor addressed the Panel and explained that the Licence Holder had been a Private Hire Driver since April 2013 and during this five years he had not received any complaints about his conduct or received any points on his licence or endorsements.  It was explained that he had been a resident in the UK since 2003, is married and had 2 children. However, the Licence Holder and his wife separated in September 2017 and the main concern for him is contact with his children.  His wife has made allegations that the Licence Holder has been continually contacting her and her family by telephone and followed her in his car which is a licenced Private Hire vehicle, which he denies.

 

        Various questions were asked from the members of the Licensing and Safety Panel and the Solicitor confirmed that there was never any accusation of violence against the Licence Holder, nor any involvement from Social Services in relation to the children.  The Licence Holder had pleaded guilty to the offence on the basis of a phone call and that he has cooperated fully with the Licensing Service and approached them of his own accord.  Character references were provided from his employer.

       

        Delegated decision:

 

                The Panel carefully considered the report, the additional documentation and oral representations by the Licence Holder 06/2018 and Mr Rashid 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 future conduct.

               

     The Panel found as follows:

 

·         That the Licence Holder’s conviction and conduct amounting to stalking was a serious matter.

·         That the Licence Holder should be fully aware of the Licensing conditions and what is expected of him as a Private Hire Driver in Bury.

·         The Licence Holder had understood the seriousness of the offence and had shown remorse for his actions.

 

The Licence Holder was informed of their right to appeal to the Magistrates’  ...  view the full minutes text for item LSP.130

LSP.131

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVERS' LICENCES

A report by the Assistant Director (Legal and Democratic Services) is attached.

Minutes:

(E)              The Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services) regarding applications for Private Hire and Hackney Carriage Vehicle Drivers’ Licences. 

 

    The Applicants were invited to attend the meeting for separate hearings and invited to address the Panel separately on their applications  and any matters referred to in the Officer’s report. 

 

1.     Applicant 15/2018 attended the meeting and was unaccompanied.  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant had been convicted at North and West Cumbria Magistrates’ Court on 19 October 2016 for failing to give information as to identity of a driver for which he was fined £440.00 and received 6 penalty points on his DVLA Licence.  It was explained that the Applicant had been caught, by a parked Police car, speeding on the motorway whilst driving to Scotland, however, the Applicant moved address and did not inform the DVLA and was unaware of the fine issued.  Subsequently a Court date was arranged which the Client failed to attend as he was unaware of it.

 

The Applicant explained that he has been in Bury since 2005 and has been working in a takeaway.  He is now engaged and due to marry next year and he would like the opportunity to become a Private Hire Driver in order to provide financially for his wife.

 

Delegated decision:

 

The Panel carefully considered the written report and the oral representations made by the Applicant and 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 15/2018 be granted.

 

The Panel noted:

·         The Applicant knew the seriousness of speeding.

·         The Applicant showed remorse for his action.

 

At 10.00 pm the Licensing and Safety Panel agreed to suspend standing orders to continue the meeting.

 

2.     Applicant 16/2018 attended the meeting and was accompanied by his wife and Councillor Preston.  The Chair outlined the procedure to be followed and the Licensing Unit Manager read the report, which was accepted by the Applicant. This explained that the Applicant has previously held both Hackney Carriage and Private Hire Driver Licences granted by this Authority since 4 May 1994. 

 

The Applicant’s Hackney Carriage Driver Licence was revoked by the Licensing and Safety Panel on 12 January 2015 due to racial harassment, using threatening, abusive, insulting words or behaviour with intent to cause harassment, alarm or distress (section 5 Public Order Act 1986).  The report also listed a chronology of previous incidents where the Applicant’s volatile behaviour have come to the attention of the Licensing Service, for which he had received verbal warnings and or sent formal warning letters. 

The Applicant appeared before the Licensing and safety Panel on 6 April, 2009, and the Panel resolved that he be sent a final warning letter; the Applicant then appeared before the Panel  ...  view the full minutes text for item LSP.131