Agenda and minutes

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Venue: Council Chamber, Bury Town Hall

Contact: Michael Cunliffe  Democratic Services

Items
No. Item

LSP.1

APOLOGIES FOR ABSENCE

Minutes:

Councillors K Leach, J Lewis and M Smith.

 

LSP.2

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:

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

 

LSP.3

MINUTES OF PREVIOUS MEETING pdf icon PDF 270 KB

The minutes of the meeting held on the 17th of February 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.

Minutes:

Delegated decision:

 

That the Minutes of the last meeting held on the 17th February 2022 be approved as a correct record and signed by the Chair.

 

LSP.4

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:

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. He asked why Bury was the first authority across Greater Manchester following consultations to approve common minimum licensing standards, when other authorities have made amendments to them and others have paused the process. He then enquired and commented on the age restrictions on vehicles and the impact on local drivers within the standards and also questioned why accident damaged vehicles that had been written off will be refused licences, when these cars have previously been used on the road as taxis and Vosa (Vehicle and Operator Services Agency) approve them as roadworthy.

 

In response to the first question, the Licensing Unit Manager reported that the common minimum licensing standards had been through the Council’s governance process. Whilst Bury may have been the first to approve 6 other authorities had followed suit. Some minor amends had resulted in items such as bonnet stickers being paused for 2 years.

 

The Licensing Unit Manager went on to advise that the taxi trade did have an opportunity to put across their views during the consultation period in relation to age restrictions for vehicle. The results of consultation had been considered and the standards had now been adopted by the Council.

 

In relation to the last question, the Licensing Unit Manager referred to the report later in the agenda in relation to written off vehicles and advised that a decision would be taken by the Committee later in the meeting on this subject.

 

Mr Aijaz asked a question regarding a friend who had applied for a vehicle licence but it had failed the Council’s Licensing standards due to the tinted windows on the vehicles. The Chair advised that it was not appropriate for the Committee to comment on individual cases and the Licensing Unit Manager added that direct engagement had taken place in relation to this matter and a report may be presented to a future meeting.

 

Mr Aijaz raised a further question on the same matter and asked why drivers were unaware of the policy change in November as it did not appear to be in the minutes from the Council meeting. The Licensing Unit Manager reported all drivers had been emailed in early December which contained a link to all the changes made in late November by full Council, the decision being to accept the recommendations in the report.

 

Mr Warraich then raised a query regarding an individual driver who had been to Pakistan and now had to apply as a new driver. The Chair advised that it was not appropriate for the Committee to comment on individual cases.

 

Mr Warraich raised a further question on common minimum licensing standards and local authorities who had not yet approved it and drew attention to Bolton Council, querying why they are referred to as ‘common’. The Council’s legal representative pointed out that  ...  view the full minutes text for item LSP.4

LSP.5

OPERATIONAL REPORT pdf icon PDF 633 KB

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

Minutes:

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 7th February 2022 and the 6th March 2022.

 

SECOND TESTING STATION

 

The Licensing Service have recently met with Sunnybank Service Station, the successful bidder for the concessionary contract, to give them training on the policies and procedures relating to the testing of Hackney Carriage and Private Hire vehicles.

 

A review of the Testing Manual has taken place and a copy of the updated version was available on the Council’s Website. There had not been any fundamental changes to the document.

 

The Licensing Service have been working to ensure that the on-line application forms have been updated, which will enable a smooth transition when the contract commences on the 1st April 2022.

 

A communications plan had been drafted which included a frequently asked questions page on the Council’s website and updated guidance and information on the changes to the application process, including how vehicle proprietors can select their desired testing station. This information would be sent out to all drivers, operators, and Trade Associations before the commencement of the contract.

 

PARTNERSHIP WORKING

 

The Licensing Service have recently attended a meeting with Greater Manchester Police to discuss about the creation of a Tactical Licensing Meeting. All responsible authorities under the Licensing Act 2003 will be asked to attend to discuss any matters relating to licensed

premises that are not promoting the four licensing Objectives which are:

 

·         Prevention of Crime and Disorder

·         Public Safety

·         Prevention of Public Nuisance

·         Protection of Children from Harm

This may result in review applications being submitted to the Licensing Hearings Sub-Committee for consideration.

STATISTICS (TELEPHONES)

Following the request of the Licensing and Safety Committee, included in the agenda packs was a weekly statistical breakdown of telephone calls to the Licensing Service:-

The Licensing Service deal with a large number of different types of licences, registrations and consents and the calls displayed within the chart of the report may be from current licence holders, new applicants, Solicitors and members of the public. On the Licensing hunt group extension number there is a facility to leave a message which drops into the Licensing Inbox. The Licensing Service contact all individuals who have left messages as soon as possible. The Licensing Service are continuing to work with the “Lets Do it Once” Programme Board to ensure our processes have a digital offer for all new/existing licence holders.

 

The Licensing Manager added that a new computer package was currently being worked on which could enable online booking for MOT’s.

 

NEW APPOINTMENT ENGAGEMENT OFFICER

 

The Licensing Service has secured external funding and appointed an engagement officer who is now working with the trade to provide support. This work includes contacting drivers whose licences are due to expire to explain the importance of renewing licenses on time and  ...  view the full minutes text for item LSP.5

LSP.6

COMMON MINIMUM LICENSING STANDARDS (STAGE 2) WRITTEN OFF VEHICLES pdf icon PDF 313 KB

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

Minutes:

The Executive Director (Operations) submitted a report to seek review of the Council’s Policy in relation to written of vehicles.

 

The report relates to all existing Licensed Hackney Carriage/Private Hire vehicles in Bury and vehicles that are to be licensed as Hackney Carriage/Private Hire Vehicles in Bury in the future.

 

Following discussions with the GM Licensing Network, it is proposed to review this standard in its entirety and give consideration to a revised standard in relation to written off vehicles. It is recommended that the standard that has been previously approved be amended as follows:-

 

·           Existing licence holders with vehicles that have previously been written off (in any category) will be permitted to renew their licence up to 31 March 2023.

 

It was agreed:

 

(1)          To review and amend the Council’s Policy on written off vehicles to permit existing licence holders with vehicles that have previously been written off (in any category) to renew their licence up to 31 March 2023, pending a full review of this policy standard.

(2)          To note that the existing policy (adopted under MLS Stage 2) will apply only to new vehicle licence applications who will need to submit evidence to prove that the vehicle has not been written off in any category to the Licensing Service in the form of a Full HPI check.

(3)          To note that a full review of this policy standard will be undertaken by the GM Licensing Network in due course.

 

 

LSP.7

URGENT BUSINESS

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

Minutes:

No urgent business was reported at the meeting.

 

LSP.8

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:

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.

 

LSP.9

SUSPENSION/ REVOCATION OF PUBLIC/ PRIVATE HIRE DRIVER LICENCES

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

Minutes:

Licence Holder 35/2021

 

The Executive Director (Operations) submitted a report relating to Licence Holder 35/2021 who was in attendance at the meeting.

 

The Chair made introductions and the Council Solicitor 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 and presented by the Licensing Manager, set out the reasons for the Licence Holder being before the Committee.

 

The Licensing Manager reported that this Licence Holder was due to appear before the Committee at the last meeting, however due to him contracting Covid, members agreed to defer consideration to tonight’s meeting.

 

The report stated that the Licence Holder had held a private hire driver’s licence continually since the 10th July 2007. His most recent licence was issued on the 21st July 2021 and is due to expire on the 20th July 2024.

 

Since 2007, the Licensing Service had cause to contact this driver about a number of issues which were detailed in the report attached to the agenda pack which included 7 instances of missing door stickers, which is a condition of the Private hire vehicle licence issued to that vehicle. The Licence Holder had been sent warning letters, copies of which were attached to the report. These advised the Licence Holder of the requirement to have door stickers and also asked the Licence Holder to present his vehicle for inspection with the correct stickers, but he failed to do so on each occasion.

 

On the 13th January 2022, the Licence Holders vehicle was seen on the Interchange car park in Bury Town Centre by the Licensing Enforcement Officer. It was noted that the vehicle was missing door stickers. When contacted regarding the mater, the Licence Holder stated that he needs to get his vehicle regularly polished to remove scratches due to the neighbourhood cats.

 

The Licence Holder stated that he loves his cars and regularly has it polished and therefore all the signage needs to be removed from his vehicle to ensure a good finish. He stated that he has regularly purchased door stickers before his vehicle is presented for a test and he has now got full signage on the vehicle. He apologised to the Committee as he didn’t want to be in this position and explained he removes the stickers when polishing his car.

 

The Licensing Manager questioned the Licence Holder as to whether he had read the conditions of his licence and understood the reasons why stickers are placed on licensed vehicles. In response, the Licence Holder stated that he had probably read them but could not remember and stickers were to show which authority the taxi belonged to. The Licensing Unit Manager then pointed to that they are required in order that members of the public know the vehicle is licenced and who by.

 

A Member sought clarity as to whether the stickers could be reused after being removed from a vehicle and the Licensing Unit  ...  view the full minutes text for item LSP.9