Agenda and minutes

Apologies for absence were submitted by CouncillorK Hussain.

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 14^th September 2023 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 14^th September 2023 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 questions had been pre submitted to the meeting and one member of the public was in attendance at the meeting.

The Chair allowed Mr Ahmed who was in attendance at the meeting to comment on agenda item 6 and he was disappointed with the language used on the consultation report making it difficult to understand and questioned the huge response by drivers stating no to window stickers. The Head of Public Protection reported that the Licensing Service did not receive any reports that the consultation was hard to understand or requests for help with interpretation from the Engagement Officer.

The Licensing Unit Manager reported that all replies which were redacted had been included in the report contained in the embedded documents. The trade liaison meetings had consulted on removal of operator door signs and the window stickers would be on the inside of all passenger windows.

The Head of Public Protection mentioned window wallets which would allow for removal and display of operating details and he would run through the report in full when the meeting reached that agenda item later in the evening.

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 4^th September and the 8^th October 2023.

LICENSING HEARINGS SUB-COMMITTEE

Following a request from Greater Manchester Police on the 6^th September 2023 for a summary review in respect of Hub Bar, 1 Haslam Street, Bury. The legislation required the Licensing Authority to hold a hearing within 48 hours of receipt of the application from Greater Manchester police. A Licensing Hearings Sub-Committee took place on the 8th September 2023 and Members resolved to suspend the premises licence and to remove the designated premises supervisor from the licence.

Following the interim steps hearing, the Licensing Authority must hold a summary review hearing within 28 days of the application from Greater Manchester Police. The hearing took place on the 28^th September 2023 and Members resolved to revoke the premises licence and remove the designated premises supervisor. Following this decision members were required to consider whether the interim steps remain in place, or if they should be modified or withdrawn. Members decided that the interim steps should be kept in place.

PARTNERSHIP WORKING

Officers from the Public Protection Service (Licensing and Trading Standards) conducted two operations over two nights (29^th September and 5^th October 2023) respectively with Greater Manchester Police and the Immigration Service. Eight premises were visited, and one venue was found to have no designated premises supervisor and the name of the restaurant required changing and another premises also had changed its name. Advice was given at the time of the visits.

APPOINTMENT OF NEW OFFICERS

The Head of Public Protection advised the Committee of new appointments within the Service, these were as follows: -

-Joe Naylor – Regulatory Compliance Apprentice

-Laura Henry – Enforcement Officer Animal Health and Welfare

-Luke Solczak - Licensing Enforcement Officer

Delegated decision:

It was agreed that the report be noted.

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

The Executive Director (Operations) submitted a report advising Members on the outcome of the Public Consultation relating to Hackney Carriage and Private Hire Policy revisions.

The Committee was asked to consider the following options:-

-To adopt the proposals outlined within the report. 

-To refuse to adopt the proposals outlined within the report.

-To modify any of the proposals as determined by the committee.

In addition, the Committee was asked to provide delegated authority to amend the implementation date of any of these standards to the Head of Public Protection in conjunction with the Chair of Licensing and Safety Committee. Any changes to the amendment date would be reported at a subsequent Licensing and Safety Committee meeting.           

The Head of Public Protection presented the report and reminded Members of the report that was considered by this Committee on the 20^th July 2023, where members gave their approval for the Licensing Service to carry out a public consultation in relation to the review of Council Policy in relation to Hackney carriage and Private Hire.

The consultation took place between the 7 August 2023 and the 15 September 2023. The questionnaire was developed and hosted on-line on ‘One Community’, the council’s engagement and consultation portal. Hard copies of the questionnaire were made available on request (none were requested). Emails were also accepted as a response. The survey was promoted on the council’s social media platforms, via the one community newsletter and through direct emails to stakeholders.

The Licensing Service discussed the public consultation with trade representatives at the Trade Liaison meeting on the 3 August 2023 to enable them to advise their members of the proposed consultation. It was requested that a dedicated email address was set up for any issues/concerns/difficulties to be communicated to the Licensing Service.

A public consultation took place between the 7^th August 2023 and the 15^th September 2023. The consultation was accessed by 1,195 people, with 436 informed participants leading to 405 who were actively engaged with the consultation. The breakdown in participants included licensed drivers from the private hire and hackney carriage trade, licensed private hire operators, licensed vehicle proprietors, members of the public and trade representatives.

Table 3.1 in the report attached to the agenda pack showed the general response to the published proposals showing whether responders agreed or disagreed. 

An overview was provided on the Current Standards alongside new proposed standards contained within different sections of the report along with the evaluation and consideration of responses which included the trade views.

Bury Council needed to strike the right balance between fulfilling its duty to ensure greater public safety whilst responding to the changing nature of the hackney carriage and private hire industry. The reality was that where any local authorities take a more stringent line on any of these policy areas, it was likely to result in continued reductions in drivers and vehicles licensed by that authority, and in Bury that meant having even less control and influence over the safety standards  ...  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.

The Executive Director (Operations) submitted a report relating to applicant 5/2023 who was in attendance at the meeting alongside a family Member and their representative. The Chair made introductions and alongside the Legal Advisor 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 their representative was presented by the Licensing Unit Manager and set out the reasons for the Applicant being before the Committee. 

The applicant made an online application for a Private Hire Drivers licence on the 12^th April 2023 and had completed all the prerequisites required for the application.

As part of the process the applicant had produced an Enhanced DBS Certificate on which a conviction was disclosed.

The applicant did not declare this caution on the application form attached in Appendix 1 in the private agenda pack.

The applicant had been questioned as to the circumstances surrounding the offence and as to why it was not declared on the application and this was attached at Appendix 2 in the private agenda pack.

The applicant and their representative both addressed the Committee.

Delegated decision:

The Committee carefully considered the report and oral representations made by the applicant and their representative at the meeting.

The Committee accepted that the applicant was a fit and proper person and had explained genuine reasons and shown remorse for the error of not disclosing the caution and declaring it on the application form.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, and the statutory guidance issued by the Secretary of State under section 177 of the Policing and Crime Act 2017, the Committee resolved to grant the application for a period of one year. Should there be no further offences/matters within the period of the licence  the Committee were in agreement that the licence be extended for a further two years.