Agenda and minutes

A Chairperson was required due to the Chair of the Licensing and Safety Committee being absent from the meeting.

Delegated decision:

That Councillor Trevor Holt be elected acting Chairperson of the Licensing Committee for this meeting only and took the Chair.

Councillors J Grimshaw, K Leach, M Smith, S Walmsley, C Walsh and S Wright.

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.  

Councillor Rydeheard declared an interest that in his employment he had worked on a number of cases involving Private Hire and Hackney Carriage drivers.

The minutes of the meeting held on the 13th January 2022 are attached. Members of the Licensing and 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 13^th January 2022 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.

Members of the public were in attendance at the meeting and submitted the following verbal questions:-

Mr Muhammad Sajjad Warraich from the Private Hire Drivers Association in Bury had a number of questions and queried if the policy for common minimum licensing standards was fit for purpose as both the Driver & Vehicle Standards Agency and the Vehicle and Operator Services Agency had different criteria for road legal vehicles, that had suffered accident damage.

The Licensing Unit Manager, Michael Bridge reported that consultations had taken place in relation to minimum licensing standards in 2020 which included the issue of the refusal to allow written off vehicles to be licensed as private hire or hackney carriages after 1 April 2022 He stated that whilst the standards have now been adopted by the Council, there were on-going discussions across the Greater Manchester licensing network group about this issue although further information could not be communicated at this moment in time.

Mr Warraich further commented on this matter and wondered when the policy was drafted did officers not give consideration to criteria other organisations and insurance companies adhere to.

The Licensing Unit Manager responded that the trade did have the opportunity to comment about written off vehicles during the consultation and the response rate received on this issue was very low. He confirmed to the Committee that from the 1^st April 2022 written off vehicles would not be licensed, but was unable to comment on whether the insurance industry had provided any responses to this matter.

Mr Warraich stated that he understood the case for new vehicles trying to be licensed but had concerns about existing vehicles currently being used which had been written off in the past. The Licensing Unit Manager stated that this was the issue currently under discussion within the GM network group.

Mr Warraich then asked that if a driver worked for more than one different taxi company’s would this create a loophole in the policy for displaying stickers on vehicles as they would need to be removed and changed and this would increase the costs to the driver associated with purchasing those stickers.

The Licensing Unit Manager responded by stating that lawfully, that once a vehicle is licenced it is always a licensed vehicle and therefore as a licensed a vehicle, should always have the operators signage on and if working for Uber their signage should be displayed. This was what is required under the licensing conditions.

Mr Sharif then questioned the approach to enforcement and stated that he was unhappy if a member of the public complains to the Licensing Department about a driver smoking in their vehicle that the information was held on the licence holders personal records and not. He stated that this should not be the case until proof has been provided and an investigation undertaken.

The Head of Public Protection, responded that it was a criminal offence to smoke in a bus or taxi vehicle and the complaint would be dealt with via  ...  view the full minutes text for item LSP.5

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:

The Licensing Service had dealt with a number of compliance and

enforcement matters between the 20^th December 2021 and the 6^th February

2022.

SECOND TESTING STATION

The Licensing Service have been working with the Council’s Procurement

Section in respect of a concession to provide a second testing station for the

testing of Hackney Carriage and Private Hire vehicles. The concessionary

contract has been awarded to Sunnybank Service Station, Sunnybank Road,

Bury to commence on the 1^st April 2022. Officers of the Licensing Service are

currently working with the business on the processes and procedures during

the mobilisation period of the contract. Once this has been completed

information will be published and sent to the Hackney Carriage and Private

hire Trade for their information. An update will be provided at the

forthcoming Joint Greater Manchester Police/Trade liaison meeting.

RECENT ATTACK ON A LICENSED PRIVATE HIRE DRIVER

Members will be aware of the recent attack on a licensed private hire driver in

Bury, the Licensing Service have been advised that the attacker was identified

and subsequently arrested by Greater Manchester Police. As there is an

ongoing criminal investigation, we are unable to provide any further

information until the legal process has concluded.

MULTI AGENCY ENFORCEMENT

Licensing Officers worked alongside Greater Manchester Police on the evening

of Friday 28^th January visiting licensed premises across the borough. 8 licensed

premises were visited. One off licence was advised to transfer the licence due

to new ownership. Two bars were advised to transfer the Designated Premises

Supervisor and one bar was advised to turn off a Gaming Machine until a

licence was obtained. Two private hire vehicles were advised about signage

and one private hire driver was advised as he was not wearing his badge.

IMMEDIATE REVOCATION OF A HACKNEY CARRIAGE DRIVER

The Licensing Service have recently received information from Greater

Manchester Police in respect of a Bury licensed hackney carriage driver. Due

to the nature of the information received, the Licensing Service in conjunction

with the Head of Public Protection and Chair of this Committee considered the

information and through the Council’s scheme of delegation on the 3February

2020 revoked his hackney carriage driver’s licence with immediate effect under

the powers of the Road Safety Act 2006 in the interests of public safety.

PARTNERSHIP WORKING

Officers from the Licensing Service assisted Greater Manchester Police and

the RSPCA in respect of the execution of a warrant at an address in Prestwich

where a number of dogs and puppies were found to be at the property. Further

investigation is now being given for offences regarding the breeding dogs and

the sale of dogs under the Animal Welfare (Licensing of Activities Involving

Animals) (England) Regulations 2018.

REVIEW OF LICENSING PROCESSES AND PROCEDURES

The Licensing Service are currently working with the “Lets Do it Once”

Programme  ...  view the full minutes text for item LSP.6

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 35/2021

The Executive Director (Operations) submitted a report relating to Applicant 35/2021 who was not in attendance at the meeting.

The Chair asked the Licensing Unit Manager if the applicant was due to attend and it was reported that they had informed the Licensing department that they contacted Covid so were unable to be present.

Delegated decision:

The Committee deferred the application until the next Licensing and Safety Committee.