Agenda and minutes

Apologies for absence were submitted by Councillor N Bayley.

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.

Councillors Hussain and Ibrahim declared an interest that they were aware of the applicant within their local community in relation to agenda item 10, case number 10/2023 but would both remain in the meeting for this item.

The minutes of the meeting held on the 1^st February 2024 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 1^st February 2024 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 no members of the public were in attendance at the meeting.

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 2^nd January and the 11^th February 2024.

LICENSING HEARINGS SUB-COMMITTEE

On the 29^th January 2024, an application for a Premises Licence to be granted under the Licensing Act 2003 in respect of the Hideout Gastro Bar Limited, 2 Sherbourne Street, Prestwich, M25 3HB was considered due to two representations from two interested parties being received by the Licensing Service. Members of the Sub-Committee decided unanimously that the Sub- Committee grant the application for a Premises Licence in the terms requested.

On the 10^th January 2024, Greater Manchester Police submitted an application

to the Licensing Authority for a Summary Review in respect of the Overdraught,

28/30 Blackburn Street, Radcliffe, M26 1NQ, because they believed that the

premises was associated with Serious Crime and/or Disorder. The Licensing

Authority must consider within 48 hours of receipt of the application whether

interim steps are required pending a full summary review hearing. At the interim

steps hearing, members decided unanimously resolved to modify the

conditions of the licence  in orderto promote the licensing objectives.

The Sub-Committee was therefore satisfied that there was sufficient evidence to mean interim steps were necessary for amendments to the current premises licence under the licensing objectives recommended by GMP.

On the 2^nd February 2024, the full summary review took place and members decided of the Sub-Committee carefully considered the representations and evidence provided which demonstrated serious crime and disorder. It was therefore unanimously resolved to modify the conditions of the licence  in order to promote the licensing objectives.

The Sub-Committee also reviewed the interim steps and unanimously resolved to withdraw the interim steps in place due to these being included as new conditions on the licence.

The Sub-Committee was therefore satisfied that there was sufficient evidence to mean modifications were necessary for some amendments to the current premises licence under the licensing objectives recommended by GMP.

TRADE LIAISON MEETING- 15^th FEBRUARY 2024

The Licensing Service held a Trade Liaison meeting with the taxi trade on the

15^th February 2024, this was attended by representatives of the trade. The

minutes of the meeting will be available and published in due course on the

Council’s website.

Following the request from Members of the Licensing and Safety Committee on

the 1^st February 2024, the Licensing Service as part of the Engagement

Exercise had sent out 225 emails on the 6^th February 2024 and a reminder

email on the 12^th February 2024 to all vehicle proprietors to seek their views on

the proposals to bring forward the transitional arrangements in respect of

emissions by three months (April 2026 to January 2026). In addition to this the

Engagement Officer had been contacting those affected to gain their views.

Delegated decision:

It was  ...  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 outlining the proposal to bring forward the implementation of existing standards related to emissions from the 1^st April 2026 to the 1^st January 2026 for licensed vehicles eligible for current transitional arrangements. The rationale for this relates to the recent submissions to Government with revised proposals around the GM Clean Air Plan and requirement from Government to ensure a GM agreed emissions standard for all Taxi and Private Hire vehicles by the 31^st December 2025.

The Head of Public Protection presented the report to Members and outlined the opportunity and risk element of the paper.

Members were reminded that this matter was considered at the previous

Licensing and Safety Committee meeting on the 1^st February 2024. Members

resolved to defer consideration of this matter until tonight’s meeting.

Following the request from Members of the Licensing and Safety Committee on the 1st February 2024, the Licensing Service undertook an engagement exercise which included contacting the 225 affected vehicle proprietors who are currently in receipt of transitional arrangements. An initial email was sent on the 6th February 2024 and reminder email was sent on the 12th February 2024 asking for responses to the two questions requested by members of the committee;

a. What are your views on moving the implementation date from 1 April 2026 to the 1st January 2026

b. What are your views on your ability to meet this proposed amendment?

The engagement exercise sought views on the proposals to bring forward the transitional arrangements in respect of the existing emissions standard by three months (1 April 2026 to 1 January 2026). In addition to the email correspondence, the Councils Licensing Engagement Officer contacted a range of vehicle proprietors affected to gain their views. 

The results of the engagement exercise had been forwarded to Members of the Licensing and Safety Committee. The collation of information from the Trade Liaison meeting on the 15^th February 2024 and the responses were annexed at Appendix 1 to the report attached to the agenda pack.

The report seeked to amend the existing transitional arrangements which are due to end on the 1^st April 2026 by bringing forward three months with a proposed implementation date of the 1^st January 2026. This amendment affects the implementation date of the existing emission standard which was agreed and adopted by the Council, and has been in place for all new to fleet vehicles, since 24 November 2021.

If the transitional date was not amended as outlined above, the Councils transitional arrangements policy will not be aligned with the submissions to Central Government by TfGM for the revised GM CAP which proposes that by 1 January 2026 100% of the GM taxi fleet will be compliant with the emission standards with all GM Authorities. Maintaining existing transitional arrangements may jeopardise these revised submissions to Government regarding the GM Clean Air Plan and may prevent and/or disadvantage vehicle proprietors of non-compliant vehicles in Bury from accessing  ...  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. </AI7>

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

The Executive Director (Operations) submitted a report relating to applicant 8/2023 who was in attendance at the meeting alongside 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. 

This applicant made an online application for a new Private Hire Drivers licence on the 3^rd November 2023. They had completed all the prerequisites required for the application and during the application process, the Licensing Service checked the NR3S database.

Members of the Licensing & Safety Committee are required to have regard to Bury Council’s Convictions Policy and Guidelines when considering an application for a Private Hire or a Hackney Carriage Driver licence.  Members should adhere to the Policy and Guideline unless there are exceptional circumstances for them to depart from them. 

Delegated decision:

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

The Committee noted the information detailed in the private agenda packs.

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 refuse the application. Members of the committee were satisfied that the applicant was not a “fit and proper” person to hold a licence.

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

Licence Holder 7/2023

The Executive Director (Operations) submitted a report relating to Licence Holder 7/2023 who was in attendance at the meeting alongside their representative and a friend. 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 Licence Holder and their representative was presented by the Licensing Unit Manager and set out the reasons for the Licence Holder being before the Committee.

The Chair confirmed that Members of the Committee had seen a legal statement submitted by the Licence Holder and circulated earlier in the day. The Chair also confirmed that mobile footage which had been sent out with the agenda pack had also been viewed.

Members were reminded that this matter was due to be considered on the 1^st February 2024, following legal advice this matter was withdrawn for further information to be added to the report.

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The Licensing Unit Manager reported that the Licence Holder had held a private hire driver’s licence continually since July 2015. His private hire driver’s licence is current until the 2^nd September 2024. 

The Licence Holder was before members for consideration to be given as to his suitability to remain a Private Hire Driver in Bury.

A detailed summary of an incident was provided in the report within the private agenda packs and the Licence Holder’s representative referred to the witness statement which had been circulated prior to the meeting.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder, their representative and friend.

The Committee noted the explanations provided but stated this was a serious allegation and had considered evidence provided from all the parties involved. 

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 suspend the licence for a period of one month.

Licence Holder 9/2023

The Executive Director (Operations) submitted a report relating to Licence Holder 9/2023 who was in attendance at the meeting alongside a friend. The Chair made introductions and the Council’s 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 Licence Holder and presented by the Licensing Unit Manager, 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 1^st July 2003 and their most recent licence was due to expire on the 6^th July 2025.

Details for an offence were attached at Appendix 1 in the private agenda packs.

The Licence Holder was before members for consideration to be given as to his suitability to remain a Private Hire Driver in Bury.

The Licence Holder explained background information to the committee and provided paper copies of evidence.

Delegated decision:

The  ...  view the full minutes text for item LSP.10