Agenda and minutes

Councillor J Lewis.

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 J 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 24th of March 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 24^th March 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 asked about the situation where a licenced vehicle in Bury was involved in a road traffic collision causing damage to the vehicle and if that vehicle was not fixed in a certain timescale the driver loses the licenced plate and he enquired if more time of 3 to 4 months be granted.

In response to the question, the Licensing Officer confirmed the legislation stated 2 months before the licence was revoked.

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 7^th March 2022 and the 3^rd April 2022.

PARTNERSHIP WORKING

Licensing Enforcement Officers had worked alongside Trading Standards Officers, GMP and a tobacco dog on a multi-agency day on Wednesday the 23^rd March. 8 shops across the borough were visited and in 3 stores licensed for the sale of alcohol, illicit cigarettes and tobacco were found. This was seized from stores in Ainsworth, Radcliffe along with Tottington and totalled £5000 worth of illegal cigarettes and tobacco.

On Thursday the 24^th March Licensing Enforcement Officers and Trading Standards Officers visited a licensed scrap yard as part of a GMP Operation. The site was found to no longer be licensed due to the site manager having left and been replaced by a new owner without this being notified to the Licensing Section. A closure notice was served so that no further business could take place until the licence is in order.

SECOND TESTING STATION

The contract for the second testing station commenced on the 1^st April 2022.

Application forms were live on the Councils website and information about how to book with either garage had also been uploaded. An email has been sent to all vehicle owners to communicate this information.

TAX CHECKS FOR TAXI / PRIVATE HIRE / SCRAP METAL APPLICATIONS

From the 4^th April 2022 the government would introduce mandatory tax checks through the Finance Act 2021 to confirm that an applicant for any of the licence types below is appropriately registered for tax.

Anyone applying for any of the licenses below must complete a HMRC Tax check and supply the Licensing Section with this code:-

·         taxi driver licences

·         private hire driver licences

·         private hire vehicle operators’ licences

·         scrap metal site licences

·         scrap metal collectors’ licences

·         renewing a licence

·         applying for the same type of licence they previously held, that ceased to be valid less than a year ago

·         applying for the same type of licence they already hold with another licensing authority

The Licensing Section must then use the tax check code to confirm that the tax check has taken place before they can proceed with processing an application. This information had been made available on the Council’s Licensing webpages.

A member enquired if the second testing station was operating well and it was reported that it was too soon to produce figures.

A member asked if under the counter vaping products and underage sales were investigated along with illegal tobacco and it was reported that this would fall under the remit of Trading Standards and some test purchases for underage sales had been undertaken.

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.

The Chair agreed that the following matter may be considered as a matter of urgency.

The Deputy Licensing Officer reported that three representations had been made in relation to an application for a new premises licence under the Licensing Act 2003, for Northern Social, Bury New Road, Whitefield. The Officer advised that pursuant to that Act and regulations made under it, once the application is advertised, objections and representations can be made within a set period of time. Once that statutory period ends, a hearing must to be arranged and notice provided to all parties within a further set timescale. It was noted that the statutory period for this falls within the period between the local government elections and the annual council meeting when appointments are made to the various committees of the Council. All Members of the Council up for election this year and the Licensing Committee membership will not be confirmed until the meeting at the end of May.

The Officer went on to advise the Committee that under the relevant legislation, time limits can be extended where it is in the public interest to do so and that by reason of special circumstances relating to the local government election and timing of committee appointments, a request was therefore made that the deadline for holding the hearing be extended until the week commencing the 13^th June 2022. This would also allow for any new Members of the Licensing Committee to receive the appropriate training.

It was agreed:

That the premises licence application process be extended until week commencing the 13^th June 2022.

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.

The Executive Director (Operations) submitted a report relating to an application for the grant of a private hire vehicle licence contrary to current Council policy.

The Applicant and his representative, Mr Muhammad Sajjad Warraich were 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 Applicant and presented by the Deputy Licensing Officer, set out the reasons for the application being before the Committee.

The Deputy Licensing Officer reported that Members would recall a report relating to Stage 2 of the Common Minimum Licensing Standards (Vehicles) that was considered by this Committee on the 11^th November 2021 and Full Council on the 24^th November 2021. Members resolved to implement the Lead Officers recommendations in the report for vehicle standard 9 (Vehicle Design) which stated the following:-

‘Remaining glass or rear side windows (excluding the rear window) allow manufacturer’s tint to a minimum of 20% light transmission.’

Following the introduction of this standard the Licensing Service wrote to all licence holders informing them of the new changes that had been implemented and gave the link to the Council’s website to enable licence holders to view the changes.

The Licensing Service received an application from the Applicant to licence a private hire vehicle on the 21^st March 2022. The details of the vehicle to be licensed along with the application form was attached at Appendix 1 of the agenda pack.

On the 23^rd March 2022, the vehicle was presented at the Council’s testing station at Bradley Fold. The Council’s vehicle mechanic as part of the compliance test, checked the window tint on the vehicle to ascertain whether it was compliant with the Council’s Policy. It was found that the light transmission on the tinted windows was 10.3%. Attached at Appendix 2 of the agenda pack is a statement from the mechanic who undertook the vehicle compliance test.

Due to the vehicle’s windows not complying with the Councils Policy, the vehicle failed the compliance test. The Applicant therefore emailed the Licensing Service and stated that he wished for further consideration of his application as he believed that there are other vehicles licensed by Bury Council which have identical privacy glass. He stated that he has been told that the policy changed in November but stated that he didn’t receive the email regarding the changes. He went on to state that he had spoken to Mercedes about replacement glass but the only one they can provide is the privacy glass and if he is to change to other glass the Mercedes warranty is void. He stated that he has the invoice for the optional extras that were added when the vehicle was first ordered and has paid £25,000 for the vehicle and now would not be able to work. 

During the meeting, the Applicant made reiterated his position regarding the glass. Members of the  ...  view the full minutes text for item LSP.8

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

Licence Holder 38/2021

The Executive Director (Operations) submitted a report relating to Applicant 38/2021 who was in attendance at the meeting along with 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. The report, which was accepted by the Applicant and presented by the Deputy Licensing Officer, set out the reasons for the Applicant being before the Committee. 

The report stated that the Applicant had previously held a Private driver’s licence from the 26^th December 2017 until its expiry on the 25^th September 2020. The Applicant submitted an online application for a new private hire drivers licence on 7 March 2022. As part of the application the applicant provided a copy of his DVLA driving licence which detailed a conviction on 4^th April 2020 for using a vehicle without insurance for which he was fined £300 and received 6 penalty points. This conviction had not be declared during the period of his previous licence

The Applicant explained that he was living in London and working as a parcel delivery driver at the time of the offence and had purchased a van which he had mistakenly believed was insured in that his insurance policy started at midday. When stopped by the police, he was advised that it started at midnight. Consequently, he was without insurance when driving the vehicle in the afternoon. He explained that the vehicle was not seized but he did receive a roadside fixed penalty notice. The communication from the Applicant was attached at Appendix 1 in the agenda pack.

The Applicant apologised for the mistake and stated that a family friend had made calls to the insurance company on his behalf to set up his insurance cover and had then provided him with the wrong information. The Applicant’s relative then stated that the Applicant had undergone some family problems which resulted him having to work in another part of the country and as a result this one off situation occurred.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Applicant and family member, noting that the Applicant had been open and honest about the conviction, declaring it at the first opportunity. He had shown remorse for his actions and the Committee also noted that this was an understandable error.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, that the Committee resolved to grant the application for a three year period. </AI9>

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

Licence Holder 36/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 36/2021 who was in attendance at the meeting alongside his representative Mr Oakes.

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 Deputy Licensing Officer, set out the reasons for the Licence Holder being before the Committee.

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The report stated that the Licence Holder had held a private hire driver’s licence continually since the 19^th May 2012. His most recent licence commenced on the 20^th May 2021 and is due to expire on the 19^th May 2022.

The report went on to state that the Licensing Service had received a complaint from a member of the public which included a video file taken from their dashcam. This footage had been circulated for Members of the Licensing Committee to view and the verbatim complaint from the road user was included in the agenda pack.

From the footage supplied by the complainant, showed a licensed vehicle mounting the pavement and undertaking at least 2 vehicles on a main road. The Licensing Service was able to identify the vehicle and subsequently the driver of that vehicle. It was confirmed by the Private Hire Operator, that this Licence Holder had been driving the vehicle in question at the time the footage was recorded. A still image of the video incident was included in Appendix 1 of the report.

This Licence Holder was subsequently interviewed by Enforcement Officers from the Licensing Service. He attended the interview with his representative and upon viewing the dashcam footage, accepted immediately that he had been the driver of the licensed vehicle in question. He explained that he had been desperate for the toilet which was brought on by his tablet-controlled diabetes. This Licence Holder subsequently supplied medical documents and the excerpts detailing diabetes were included in Appendix 2 of the agenda pack.

The Licence Holder through his representative explained that he was heading towards a car wash on Bolton Road where he intended to use the toilet. He was unable to explain why he had not used the facilities at two petrol stations which he would have driven past on his way from Summerseat. It was stated that he had not been carrying passengers at the time and has supplied documentation from his operator confirming he had been on a break prior to the incident (This was detailed in Appendix 3 of the agenda pack). It was pointed out to him that he would not have been able to see pedestrians on the pavement and would not have seen or have been seen by road users potentially travelling on the concealed exit of Woodhill Road on his left. The Licence Holder stated that he knew his actions were wrong and had been very apologetic whilst accepting that his actions could have potentially  ...  view the full minutes text for item LSP.10