Venue: Council Chamber, Bury Town Hall
Contact: Michael Cunliffe Democratic Services
APOLOGIES FOR ABSENCE
No apologies for absence were submitted.
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.
Councillor Rydeheard declared an interest that in his employment he had worked on a number of cases involving both Private Hire and Hackney Carriage drivers.
The minutes of the meeting held on the 15th December 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.
That the Minutes of the last meeting held on the 15th December 2022 be approved as a correct record and signed by the Chair.
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.
3 members of the public were in attendance at the meeting although no questions had been pre submitted or were verbally asked at the meeting.
A report from the Executive Director (Operations) is attached.
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 5th December 2022 and the 22nd January
BEST BAR NONE
The assessments had neared completion for the Best Bar None scheme. 10 premises in the town centre have passed and 3 more are likely to pass. An awards ceremony for the successful premises was due to take place in February when they will receive their accreditations. The new scheme for this year will also be launched on the same evening and this year it will be open to premises borough wide.
The Licensing Service had been working with Greater Manchester Police,
Trading Standards and a Tobacco detection dog undertaking visits to licensed
shops on the 6th December 2022. 6 licensed premises were searched, and a
quantity of illicit tobacco products were found and two premises were found to
be in breach of their premises licence conditions.
The Licensing Service worked with Greater Manchester Police and a drug
detection dog on the 10th December 2022 to ensure compliance with their
conditions of their licences during the World Cup. 10 licensed premises were
visited and searched. One male was found in possession of a small quantity of
cannabis and a number of snap bags either empty or containing the residue of
a white powder were found on the streets.
The Licensing Service worked with Greater Manchester Police on the 23rd December 2022, numerous venues were visited to ensure compliance with their conditions of their licences during the Christmas and New Year Period. 12 premises were visited, and all premises were found to in order apart from one which was given advice regarding the use of the pavement outside for furniture.
NEW SECTION 182 GUIDANCE ISSUED
The Licensing Service are aware that new guidance had been issued and
effective from the 20th December 2022. This has superseded the previous
guidance that was issued in April 2018. There are several changes in the new
guidance which are being reviewed by the Licensing Service. Any of the
amendments will incorporated in any future reports to the Licensing Hearings
Sub-Committee where required
IMMEDIATE REVOCATION OF A PRIVATE HIRE DRVIERS LICENCE
The Licensing Service received information from Greater Manchester Police in relation to a private hire drivers conduct which has resulted in him being charged for serious offences. The driver concerned had been given a right of reply before the Head of Public Protection and the Chair of this Committee considered taking action in the interests of Public Safety under the Road Safety Act 2006, it was felt appropriate to immediately revoke his private hire drivers licence on the 20th January 2023.
TRADE LIAISON MEETING
On the 12th January 2023, the Licensing Service and Greater Manchester Police held a trade liaison meeting with the ... view the full minutes text for item LSP.5
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.
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.
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.
SUSPENSION/ REVOCATION OF PUBLIC/ PRIVATE HIRE DRIVER LICENCES
A report from the Executive Director (Operations) is attached.
Licence Holder 11/2022
The Executive Director (Operations) submitted a report relating to Licence Holder 11/2022 who was in attendance at the meeting alongside his friend to assist with any questions. 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 report stated that the Licence Holder had held a private hire driver’s licence continually since the 12th May 2014 until its expiry on the 11th September 2024.
This Licence Holder submitted an online notification of a conviction to the Licensing Department on 11th November 2022, attached at Appendix 1 in the private agenda pack. The Licence Holder produced his penalty letter which was dated 9th November 2022 notifying him of the conviction attached at Appendix 2 in the pack.
The Committee carefully considered the report, and oral representations by the Licence Holder. The Committee noted the explanation provided in relation to delayed return airline flights and the remorse by the Licence Holder along with paperwork evidence submitted. The Committee understood this was a serious offence and a professional driver even when using another car had the responsibility for insurance cover being in place and should have annual reminders in place.
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 admonish the licensee as to future conduct. The Committee departed from Policy because they accepted that the flights from Pakistan were delayed due to floods, that this had caused a lapse in focus on the insurance. Also the fact that the car had been consistently insured for 3 years. As it was a lapse the Committee departed from Policy.
Licence Holder 12/2022
The Executive Director (Operations) submitted a report relating to Licence Holder 12/2022 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 Licence Holder has held a private hire driver’s licence continually since the 6th October 2006 and his current licence is not due to expire until the 21st May 2025. This Licence Holder telephoned the Licensing Department to provide notification of a conviction on the 28th November 2022. The Licence Holder informed the Deputy Licensing Officer that he had appeared in Court earlier that day.
The Committee carefully considered the report, and oral representations by the Licence Holder.
The Committee felt the Licence Holder did not meet the terms of a fit and proper person to drive a licensed vehicle. There ... view the full minutes text for item LSP.8