Agenda and draft minutes

Apologies for absence were submitted by Councillors J Hook, J Rydeheard and from B Thomson- Assistant Director of Operations Strategy.

Councillor R Bernstein acted as a substitute representative for Councillor Rydeheard.

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. 

There were no declarations of interest.

The minutes of the meeting held on the 3^rd October 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 3^rd October 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 or was asked by the member of the public 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 23^rd September and the 3^rd November 2024.

Week of Action

Multi agency visits took place with Greater Manchester Police, Immigration, Trading Standards and Licensing Officers together with a tobacco dog on the 15^th October. Nine premises were visited across the borough, and illicit tobacco or illegal vapes were found in seven of the premises. 127 packets of hand rolling tobacco, 697 packets of cigarettes, (13040 sticks) and 707 vapes were seized, with a street value of £19,000.

Further multi agency visits with the same partners with the exception of the tobacco dog, took place in the late afternoon into the evening of the 18^th October. They visited a skip hire yard, 3 car washes, 1 off licence and 4 takeaways. The off licence was warned for various breaches of the licence conditions, 1 takeaway had potential fire and housing issues, 1 takeaway had a breach of its licence conditions, and an illegal worker was found in another takeaway. Follow up action would take place.

Unlicensed Street Trader

An unlicensed street trader seen selling ice cream in the borough earlier this year, despite receiving a previous written warning, has accepted a caution for the offence. This will now be marked on his record.

Delegated decision:

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.

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.

13/2024

The Executive Director (Operations) submitted a report relating to Applicant 13/2024, who was in attendance at the meeting alongside a family member and legal representative. The Chair made introductions and along with 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 presented by the Licensing Unit Manager, set out the reasons for the applicant being before the Committee.

On the 31^st January 2024, the applicant submitted a fresh application to become a Private hire Driver and has completed all the required pre-requisites

This applicant was before members for consideration to be given as to his suitability to be a private hire driver in Bury.

Delegated decision:

The Committee carefully considered the report, oral representations by the applicant, family member and legal representative along with written references circulated to the committee at the meeting.

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.

The reason(s) for the Committee’s decision were as follows:

• The applicant was not a fit and proper person to hold a licence.