Agenda and minutes

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.  

There were no declarations of interest made at the meeting.

Minutes from the 23^rd July 2020 are attached for approval.

That the Minutes of the Meeting held on 23^rd July 2020 be approved as a correct record and signed by the Chair

A report from the Executive Director of Operations is attached.

The report advises Members on operational issues within the licensing service.

Michael Bridge, Licensing Manager, provided an overview of a report which advises Members on operational issues within the licensing service.

Key areas raised were:

The Licensing Service are working with partners (Greater Manchester Police) undertaking visits to licensed premises to ensure that they are compliant with the Coronavirus Act 2020. Any issues that have been found have resulted in advice being given to licence holders to ensure that they put measures in place to ensure compliance. Revisits are then being carried to check the measures have been put in place.

Following the members of the Licensing and Safety Panel authorising the request for a hackney carriage fare increase, the licensing service have advertised the proposal submitted by the Hackney Carriage Drivers Association in the Bury Times. No objections during the objections were received therefore the Licensing Service are working with the hackney trade to ensure all meters are changed to the correct tariff.

It was agreed:

1. That members note the report and work of the licensing service.

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.

It was agreed:

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.

A report from the Executive Director of Operations is attached.      

Application for a Hackney Carriage/Private Hire Driver licence

Applicant 07/2020

The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence.

Applicant 07/2020 attended the meeting alone.

The Chair made introductions and explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report.  The report, which was accepted by the Applicant, explained that this matter was due to be considered on the 23rd July 2020, when this client requested that the matter be deferred to a future meeting. Members agreed to the deferment.

As part of the application procedure for a Public / Private Hire Drivers Licence, this client completed a written application form for a licence to drive a Private Hire Vehicle. On the application form it states “You MUST declare on this application form ALL Convictions, police cautions and fines which you have received at any time during your lifetime, even if you consider them spent”.

Question 1 asks if the applicant has ever received a warning or caution from the police; to which this client has marked NO.

Question 2 then asks if the client has ever been convicted of an offence to which the client has also responded NO.

The client signs and dates the application having declared that the information provided is true to the best of his knowledge and belief.

Upon receipt of the DBS certificate the following convictions were declared:

Attempt Robbery contrary to s.8 Theft Act 1968 and Robbery contrary to s.8 Theft Act 1968 – conviction date 5^th April 2017.

The applicant advised that he believed that the conviction was considered as spent as he was under the age of 18 at the time of conviction. He advised the panel he was remorseful and had fell into the wrong group of friends with whom he no longer was in contact with.

When questioned why he did not declare the convictions the driver advised he received incorrect advice from his Solicitor and the Youth Team informing him that the conviction has been ‘spent’ and does not need to be declared. The driver advised that all fines had been paid and he had attended the youth team classes for 12 months.

Delegated decision:

The Panel carefully considered the report, the oral representation 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, unanimously, that the application for a Private Hire driver’s licence by Applicant 07/2020 be rejected.

In considering whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence  the panel found the following:-

·         The Policy states that such a conviction 10 years old or less will normally be refused.

·         This conviction is only  3 years old

·         The Panel noted there were 2 offences

·         The applicant had failed to declare the conviction on his application form  ...  view the full minutes text for item LSP.188