Agenda and minutes

Licensing and Safety Panel
Thursday, 6th December, 2018 7.00 pm

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

Contact: Nicole Tilly 

Items
No. Item

LSP.272

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.273

MINUTES

Minutes:

That the Minutes of the Licensing and Safety Panel meeting held on 17 October 2018, be approved as a correct record and signed by the Chair.

LSP.274

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.275

OPERATIONAL REPORT pdf icon PDF 69 KB

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

 

·         Common Minimum Standards – Hackney Carriage and Private Hire Trade

 

The Licensing Managers’ Group, in respect of Common Minimum Standards, met on 12and 22 November and again on the afternoon of 6 December 2018, in relation to the development of conditions for drivers, vehicles and operators and to review the conviction guidelines across Greater Manchester.  Future meetings are scheduled and a revised timetable will be available in the New Year.

 

·         Taxi Operations

 

On 18 October 2018, Licensing Officers and Greater Manchester Police (GMP) took part in an operation inspecting licensed vehicles.  Nine private hire vehicles were inspected and issues identified were vehicle signage, use of magnets on signage, worn tyres, drivers not wearing badges and inappropriate conduct.  One hackney carriage vehicle had an issue with signage.  Some of the issues were dealt with on the night or resulted in written warnings and further operations will be undertaken in due course.

 

·         Scrap Metal dealers

 

On 15 October 2018, the Deputy Licensing Officer along with Greater Manchester Police inspected scrap metal yards in Pimhole, to ensure that records were accessible and no cash payments were being made.  Three of the yards had all records available to view.  The owner of the fourth yard was not available at the time of the visit but has since produced his records for inspection and no other issues were identified.

 

·         Multi Agency Partnership Visits

 

On 16 October 2018, the Deputy Licensing Officer took part in a multi-agency day of action along with other partner agencies from the Immigration Service, GMP, Greater Manchester Fire and Rescue Service, Officers from Housing Standards and North West Electricity Housing Standards.  Six premises were visited of which two were licensed premises.

 

The first licensed premises visited had a number of issues breaching the licensing conditions.  The Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS) were not present at the time of the visit and the PLH has been invited for PACE interview.

 

The second licensed premises visited had an employee working with no permission to work in the UK.  The electricity supply was unsafe and therefore this was disconnected and the premises was closed.  The PLH and DPS were not present at the time of the visit and subsequently Officers are considering the evidence which may result in further enforcement action being taken.

 

·         Safeguarding Training

 

Reports were presented to the Licensing and Safety Panel previously about the revised implementation of safeguarding training for new applicants and existing licence holders.  The Council’s procurement section has advised it will be necessary for a tender process to have been conducted and a draft tender document has been provided to procurement.  Subject to satisfactory bids the aim is to implement training before the end of the financial year.

 

·         Medicals – Group 2 standard

    

The Licensing Service have been contacted by two local  ...  view the full minutes text for item LSP.275

LSP.276

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.277

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.278

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

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

Minutes:

                    It was reported by the Licensing Unit Manager that licence holder 19/2018 had been involved in a road traffic accident the previous weekend and had been issued with a medical certificate from his GP and it was requested and agreed by the Chair of the Licensing and Safety Panel, that this hearing be adjourned until the following meeting.

 

                    It was reported by the Licensing Unit Manager that Licence Holder 20/2018 had suffered a very recent personal bereavement and it was unanimously agreed by the Licensing and Safety Panel to defer this hearing until the following meeting.

 

LSP.279

APPLICATION FOR A PUBLIC/PRIVATE HIRE DRIVER'S LICENCE

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

Minutes:

                  The Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services), regarding an application for a Private Hire Driver’s Licence.

 

Applicant 21/2018 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.

 

The report explained that the Applicant had been convicted of using a vehicle uninsured against third party risks on 12 February 2016 and fined £300 with 6 penalty points on their driving licence.

 

The Applicant addressed the Panel and explained that he did have insurance on his private vehicle which he thought expired on 19 February 2016, however, it actually expired on 19 January 2016, and therefore he was not covered at the time when he was stopped by the Police.

 

Following various questions from the Licensing and Safety Panel members, the Applicant admitted that it was a mistake on his part but he genuinely thought his insurance was valid.

 

                   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 resolved, the panel agreed on a majority basis, that the application for a Private Hire Driver’s Licence by Applicant 21/2018 be granted.

 

                   The Panel noted that the offence, although of a serious nature, was the result of a genuine error.  The Chair re-iterated to the Applicant the seriousness of driving with no insurance and the Applicant accepted it was his mistake for which he was remorseful and it would not be repeated.