Agenda and minutes

Licensing and Safety Panel
Wednesday, 18th December, 2019 1.00 pm

Venue: Meeting Room A - Town Hall. View directions

Contact: Andrea Tomlinson  01612535133

Items
No. Item

LSP.1

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:

No declarations of interest were made at the meeting

 

LSP.2

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.3

SUSPENSION/REVOCATION OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVER LICENCES

A report from the Assistant Director (Localities) is attached

Minutes:

Licence Holder 14/2019 attended the meeting and was unaccompanied. 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 set out the reasons for the Licence Holder being before the Panel.

 

The report explained that the Licence Holder has a conviction on 31 October 2019 for plying for hire and driving without insurance, for which he was sentenced to a fine of £120, costs of £220, a Victim Surcharge of £32 and was awarded 6 penalty points.

 

The Licence Holder advised the Panel that the circumstances of the conviction were that he was parked and was approached by 2 men and they asked him to take them. He refused and advised them to get a hackney carriage but they continued to hang around his and told him that there was fighting where the hackney carriages were, he then decided to take them. He was subsequently stopped by the police and now realises he made a big mistake and should not have taken them.

 

Questions were asked by the Panel.

 

Delegated decision:

                          

The Panel carefully considered the report and the oral representations by Applicant 14/2019 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 revoke the Licence Holders Private Hire Driver’s Licence.

 

The Panel noted the following:

 

1.   That the offence was of a very serious nature,

2.   That the conviction was very recent,

 

                The Panel agreed that he was not a fit and proper person to hold a licence in Bury.

 

The Applicant was informed of their right of appeal to the Magistrates’ Court within 21 days.

 

 

 

LSP.4

APPLICATIONS FOR PUBLIC/PRIVATE HIRE DRIVER LICENCES

A report from the Assistant Director (Legal And Democratic Services) is attached

Minutes:

1.   Applicant 15/2019 attended the meeting and was unaccompanied.  The Chair welcomed the Applicant and introduced the Licensing and Safety Panel and outlined the procedure to be followed.

 

The Licensing Unit Manager read the report which explained that as part of the application procedure for a Private Hire Licence, the applicant submitted a DBS criminal record check which had disclosed the following convictions:

 

On 29 January 2002 the applicant had been convicted of Failing to Surrender to Custody at appointed time contrary to Bail Act 1976 s.6(1) and had received a sentence of £25 fine.

 

On 27 March 2002 the applicant had been convicted of Grievous Bodily Harm contrary to Offences Against the Person Act 1861 s.20 and had been sentenced to 6 months Young offenders institute.

 

On 10 May 2002  the applicant had been convicted of Assault on a Police Officer contrary to Police Act 1996 s.89(1) and had been sentenced to 2 months Young offenders institute  (consecutive with previous conviction)

 

On 10 May 2002 the applicant had been convicted of Failing to Provide a Specimen for analysis contrary to Road Traffic Act 1988 s.7(6). And had been sentenced as follows: Disqualified from driving 2 years, Driving licence endorsed. Also on 10 May 2002 the applicant had been convicted of Disorderly Behaviour or words likely to cause harassment alarm or distress contrary Public Order Act 1986 s.5(1)(a) but had received no separate penalty.

 

On 19 October 2005, the applicant had been convicted of Driving a Motor Vehicle with excess alcohol contrary to Road Traffic Act 1988 s.5(1)(a) and had received a Fine of £45, Disqualified from driving for  3 years and had his Driving licence endorsed

 

On 25 January 2006 the applicant had been convicted of Using a Vehicle without insurance contrary to Road Traffic Act 1988 s.143(2). The Applicant received a Community Order for 12 months. Also on 25 January 2006 the applicant was convicted of Driving whilst disqualified contrary to Road Traffic Act 1988 s.103(1)(b)  and received a sentence of Community Order 12 month supervision requirement, unpaid work requirements for 200 hour.

 

On 19 April 2007 the applicant had been convicted of Driving whilst Disqualified contrary to Road Traffic Act 1988 s.103(1)(b) the Sentence received was 3 months imprisonment  and Driving licence endorsed. Also on 19 April 2007 the applicant was convicted of Driving a motor vehicle with excess alcohol contrary to Road Traffic Act 1988 s.5(a)(1). He received the following Sentence: Imprisonment 3 months concurrent. Disqualified from driving for 6 years and Driving licence endorsed.

 

The Criminal record check highlighted the following caution:

 

Assault Occasioning actual body harm contrary to Offences Against the Person Act 1861 s.47. Caution date: 9 July 1998.

 

The following conviction falls within current conviction guidelines:

 

On 17 January 2013 the applicant was convicted of Failure to provide a specimen for analysis contrary to Road Traffic Act 1988 s.7(6) and was Disqualified from driving 5 year, received a Curfew requirement with electronic tagging and Community order 16/10/13. The applicant was  ...  view the full minutes text for item LSP.4