Agenda and minutes

Please let us know if you are planning to attend and have any access requirements or other needs which we need to take account of.

Venue: Microsoft Teams

Contact: C.Ashworth 

Items
No. Item

LSP.284

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 made at the meeting.

 

LSP.285

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 public questions.

LSP.286

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:

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.

 

LSP.287

SUSPENSION/REVOCATION OF PRIVATE HIRE DRIVER LICENCE

A report from the Executive Director (Operations) is attached.

Minutes:

Applicant 17/2020

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

 

Applicant 17/2020 attended the meeting with his wife as a representative.

 

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 the client has been a licensed Private Hire Driver with this Authority continuously since 28th April 2008. His current licence was granted for a period of 12 months on the 22nd May 2020 and will expire on the 21st May 2021.

 

On three occasions the deputy licensing officer wrote to the client having seen the private hire vehicle failing to correctly display operator signage and a rear mounted private hire vehicle licence plate.

 

The client and his wife explained that he had received the first two letters but had not received the third letter. This client accepted that the vehicle was without signage for a period of time whilst he was not working due to the pandemic. This client stated that he did not understand that he needed to present the vehicle for inspection and that he has made a mistake in failing to do so.

 

Delegated decision:

 

The Panel carefully considered the report, the oral and written representations by the Licence Holder and his representative and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to suspend the licence with immediate effect for 28 days.

 

The Panel noted that;

 

·         Vehicle PV 0369 was seen on 3 separate occasions without the correct signage as required by the conditions for private hire vehicle licences

·         The client was written to on 3 separate occasions warning him about this and explaining the signage condition in detail

·         The letters also required the client to take his vehicle to the Licensing Authority for inspection on 2 occasions. He failed to comply with this on 2 occasions.

·         The letters warned that continued breach of the condition could result in the client being taken before the Panel for consideration of suspension or revocation of his private hire vehicle licence.

·         The breaches were noted on 3 separate dates namely : 16 June 2020, 2 August 2020 and 17 September 2020. On each occasion the vehicle was being used on public roads.

·         The Policy states that a breach of conditions may be referred to the Panel for consideration of final warning, suspension or revocation.

·         In addition the client has breached the guidance in the Policy because his behaviour is not influenced by written warnings – he has had 3 within the 12 month period. He has ignored them all.

·         It is noted that he was warned in December 2017 for not correctly displaying his private hire badge.

·         Therefore there are 4 breaches of conditions by this driver

·         The Panel has noted that he has stated that he was  ...  view the full minutes text for item LSP.287

LSP.288

APPLICATIONS FOR THE GRANT OF A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER LICENCE

A report from the Executive Director (Operations) is attached.

Minutes:

Applicant 18/2020

The Executive Director (Operations) submitted a report relating to Licence Holder 18/2020 who attended the meeting. 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 has held a private hire driver’s licences since 6th August 2003. His most recent Private Hire Driver’s licence commenced on the 4th October 2017 and expired on the 3rd October 2020. Following the expiry of this current drivers licence he submitted a new online application for the grant of a private hire driver’s licence on the 9th October 2020. As part of the application applicants should “include all convictions that you may have including motoring convictions”.

 

When a licensing advisor used the DVLA’s online portal to check the client’s driving licence the following conviction was found which corroborated the applicants declaration on his application:

 

 

SP30 - Exceeding statutory speed limit on a public road

 

 

03/07/2019

 

03/07/2022

Licence endorsed with 3 points Fixed Penalty Notice

 

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.

 

This client was subsequently contacted by a licensing enforcement officer. He explained that he was caught by a speed enforcement camera and received notification by post. He stated that he failed to respond to this original notification as he was waiting to find out whether he would be punished by way of points or a speed awareness course. This applicant claims he was never informed and he was subsequently notified that the fine had increased to over £300. He accepted and paid that fine. The applicant accepts he is wholly responsible for the speeding offence and stated that he forgot that he was under a duty to inform the licensing service of the motoring offence. He apologised for not notifying the service. 

 

Delegated decision:

 

The Panel carefully considered the report, the additional documentation and oral representations by licence holder 16/2020and 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, refuse the Licence application.

 

The Panel noted that;

 

·         The  applicant’s private hire licence expired on 3 October 2020

·         During the period of that licence he should have told the licensing authority about a FPN he received for speeding from July 2019. 

·         Condition 13 of his licence states  all motoring offences should be declared to the authority  and the Policy clearly states that this includes FPN’s.

·         The applicant stated that he forgot

·         It was noted that he had 4 previous warnings/complaints on his licence record.  The Panel took note of those.

·         This was therefore the 5th matter where the Applicant  ...  view the full minutes text for item LSP.288