Agenda and minutes

Apologies for absence were submitted on behalf of Angela Lomax, Head of Service (Trading Standards and Licencing).

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.

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.

There were no public questions.

Any other business, which by reason of special circumstances, the Chair agrees may be considered as a matter of urgency.

No urgent business was reported.

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 (OPERATIONS) IS ATTACHED.

Applicant 22/2020

The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) related to Licence Holder 22/2020 who attended the meeting along with a legal representative. The Chair made introductions and outlined the procedure to be followed and clarified that all those present had read the report. The report which was accepted by the Licence Holder set out the reasons for the Licence Holder being before the Panel.

This client had held a private hire driver’s licence continually since the 28^th July 2011 until its expiry on the 5th November 2020. He submitted an online application for the renewal of a private hire driver’s licence on the 22^nd October 2020. As part of the renewal application applicants should state yes or no to the question “Do you have any convictions, fines or formal cautions?”

The online process indicated that applicants should “include all convictions that you may have including motoring convictions” When a licensing advisor used the DVLA’s online portal to check this applicants driving licence the following conviction was found which was not declared via the yes option in the applicants declaration on his application:

The applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.

Condition 13 of this clients Private Hire Drivers Licence states:

Convictions – If you are formally cautioned for an offence or convicted of an offence you must tell us in writing, within seven days. Write to the Licensing Unit Manager, 3 Knowsley Place, Duke Street, Bury, BL9 0EJ.

The applicant was subsequently interviewed by a licensing enforcement officer. He explained that it was a mistake due to his lack of knowledge. 

The applicant was asked to explain his reasons in writing for failing to declare the conviction and this was attached to the agenda pack in Appendix 1.

Delegated decision:

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 22/2020and his legal representative. Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, on a majority basis, to grant the Licence application for a 12 month period subject to a written warning being issued for his failure to notify the Licensing Unit of a motoring conviction.

The Panel noted that;

·         the Licence Holder was remorseful

·         the license Holder did not intend to be deceitful

·         the License Holder now understands the correct process

·         The license holder would receive a warning letter