Agenda and minutes

There were no reported apologies for absence.

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.

The Minutes of the Meeting held on the 27^th May 2021 are attached. Members of the Licensing & Safety Committee are asked to consider whether these are a correct record of the meeting, and if so, to formally approve them.

Delegated decision:

That the Minutes of the last meeting held on the 27^th May 2021 be approved as a correct record and signed by the Chair.

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.

No public questions were submitted to the meeting.

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

The Executive Director (Operations) submitted a report advising Members on operational issues within the Licensing Service.

The report set out updates in respect of the following issues:

COVID 19 – COVID MARSHALS 

Covid marshals continued to work 7 days a week assisting the Public Protection team by visiting premises to observe whether restrictions are being adhered to if complaints are received or to give general guidance and assistance. In addition to this they had been assisting at surge vaccine and testing sites helping to manage queues and carrying out visits to residential premises where individuals should be self-isolating but had been uncontactable over the telephone by the hubs.  

Working in partnership with Greater Manchester Police, Licensing Enforcement Officers and the Covid marshals would be carrying out visits to licensed premises during upcoming England matches. 

LICENSING AND SAFETY SUB COMMITTEE 

A hearing for an application of a Grant of a Premises Licence in respect of the Den, Victoria Mills, Wellington Street, Bury, BL8 2AL to which representations were received from Greater Manchester Police, Greater Manchester Fire and Rescue Service and an interested party. The Sub-Committee considered the request for an adjournment of the applicant’s solicitor on 9th June 2021. Having heard representations and having received legal advice, Members resolved unanimously that the hearing be adjourned to allow extra time for mediation between interested parties in the public interest to the 7th July 2021.

A hearing for another Grant of a Premises Licence in respect of Bury Off Licence, 319 Bolton Road, Bury, BL8 2PD which representations were received from Greater Manchester Police and four interested parties and a petition, took place on the 16th June 2021. Having heard representations and having received legal advice, Members resolved unanimously to grant the licence subject to additional conditions being attached to the licence.

PUBLIC / PRIVATE HIRE DRIVERS COVID VACCINES

The Licensing Service have been sent 983 emails to all licensed drivers at the request of other departments of the Council to encourage them to attend walk in clinics to receive a vaccine if they have not already done so. 

It was agreed:

That the report be noted.

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 at the meeting.

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.

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.

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

Licence Holder 5/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 5/2021 who attended the meeting with his legal representative. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those in attendance had read the report. The report, which was accepted by the Licence Holder, was presented by the Licensing Unit Manager. This set out the reasons for the Licence Holder being before the Committee.

The report stated that the License Holder had held a Private Hire Driver’s licence since 14^th December 2007 and has a current licence until 21st December 2021. It further stated that the Licence Holder had previously held licences for four private hire vehicles, licensed by Bury Council the first of which was licensed in 2008 and the last of which expired on 15/09/20 and had also completed transfer applications for private hire vehicles in 2008 and 2019. The report went on to outline that on the 25th January 2021 the Deputy Licensing Officer was made aware that the Licence Holder had been using a vehicle for private hire whilst the vehicle was unlicensed. Following an investigation and interview the Licence Holder admitted this offence but advised that he had purchased the vehicle in question and then left the vehicle in his operators car park during a trip abroad. On his return he had applied to extend the vehicles licence and then used the vehicle. He admitted that he had not checked the extension had been granted and accepted the offence and was offered a simple caution which he had accepted and signed on 4th June 2021.  

Representations were made by the Licence Holder’s legal representative, during which it emerged that the witness statement in relation to this case had not been circulated to Members of the committee. The legal representative for the Licence Holder read this statement out on his behalf. He also provided an explanation to the committee that a friend had completed the extension application for the Licence Holder, but he did not check the details and the email address on the application was incorrect. As a result, it was accepted that when the Licence Holder was then emailed on 22nd December 2020 by the Licensing Service to inform him that his application could not be accepted as he was not the licence holder of the vehicle.  However, the Licence Holder did not receive this email due to the email address on the application form being incorrect. He then started work on the 22nd December 2020 without a licence in force.

The License Holder accepted he was aware of the transfer process and the ability  ...  view the full minutes text for item LSP.8

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

Licence Holder 6/2021

The Executive Director (Operations) submitted a report relating to Applicant 6/2021 who attended the meeting with his legal representative and a family member. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report and received the witness statement. The report, which was accepted by the Licence Holder, was presented by the Licensing Unit Manager. This set out the reasons for the Licence Holder being before the Committee.

The report stated that the Applicant had previously held a private hire driver’s licence continually since 3rd July 2019 until its expiry on the 21st May 2021. He submitted an online application for the renewal of a Private Hire driver’s licence on the 15th May 2021.

As part of the application process any traffic offences must be declared irrespective of when they occurred. The Applicant selected ‘no’ when asked if he had any convictions, fines or formal cautions or had been issued with any fixed penalty notices.

Prior to submitting the completed application the Applicant was reminded of the need to show all current endorsements and to positively declare that the information provided on his application is true. The final part also clearly indicates that applicants should include all convictions they may have including motoring convictions.

Checks via the DVLA’s online portal found the Applicant had a conviction for speeding on 11th May 2020 and his licence had been endorsed with 3 penalty points. The applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions and had failed to declare it on his renewal application.

This applicant was subsequently interviewed by the Deputy Licensing Officer. He explained that the offence had occurred due to being caught by a speed camera. The applicant was asked why he had not declared the conviction in 2020 and he explained that he was not aware that he had to. He also stated that he had made a mistake and explained that his son had completed the application for him and had not put the points information on the form. This was stated again before the Committee.

As a point of clarity in response to comments made by the applicant’s legal representative, the Council’s legal officer provided the definition of a conviction which includes a fixed penalty notice under the licensing policies.

Delegated decision:

The Committee carefully considered the report, the witness statement presented by the Licence Holder and oral representations by the Licence Holder and his legal representative. The Committee noted that it is for the Applicant to take responsibility for providing accurate information on their application and reminded the Applicant that help and advice was available from the Licensing service.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the Committee resolved to grant the licence application for a period of 12 months.

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