Agenda and draft minutes

Apologies for absence were submitted by Councillors L McBriar and D Quinn.

There was no substitute representative for Councillors L McBriar and D Quinn.

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 11^th September 2025 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 11^th September 2025 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 Committee is responsible. Questions from members of the public may only be asked if notice has been given no later than midday two days before the day of the meeting.

A questioner who is present at the meeting and who has submitted a written question may, at the discretion of the Chair, ask one supplementary question. A supplementary question must arise directly out of the original question or the reply. A question must relate to an item included on the agenda, referenced in the Minutes or an area to which the committee has responsibility.

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 (Corporate Core) 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 8^th September and the 26^th October 2025.

IMMEDIATE SUSPENSIONS

The Licensing Service have acted against 5 licensed private hire drivers due to them not being registered on the DBS update service or a certificate was no longer valid due to a change on their certificate. Following consultation with the Chair of the Committee it was decided to immediately suspend five private hire drivers in the interests of public safety. Since this action has been taken one driver has cancelled his licence and one has obtained a new enhanced

DBS Certificate and registered on the update service.

The Licensing Service have acted against a further eleven licensed private hire drivers due to them not being registered on the DBS update service or a certificate was no longer valid due to a change on their certificate. Following consultation with the Chair of the Committee it was decided to immediately suspend eleven e private hire drivers in the interests of public safety.

The Licensing Service have acted against a one licensed private hire drivers due to him not being registered on the DBS update service. Following consultation with the Chair of the Committee it was decided to immediately suspend his e private hire drivers in the interests of public safety

IMMEDIATE REVOCATION

The Licensing Service have revoked with immediate effect a private hire driver due to intelligence and conduct. Following consultation with the Chair of the Committee it wasdecided to immediately suspend his e private hire drivers in the interests of public safety.

LICENSING HEARINGS SUB COMMITTEES

On the 3 October 2025, a Licensing Hearings Sub-Committee took place to consider an application for the grant of a premises licence at Prestwich Store, 3 Fairfax Road, Prestwich.

The application had attracted representations from Trading Standards and Greater Manchester Police. After hearing the evidence, members decided to refuse the application.

On the 3 October 2025, a Licensing Hearings Sub-Committee was due to take place to consider an application for the grant of a premises licence at The Rock Convenience Store, 43 The Rock, Bury. The application had attracted representations from Trading Standards and an Interested party (Member of the Public). The Licensing Service were advised that the applicant wished to withdraw the application prior to the date of the schedule hearing.

PARTNERSHIP WORKING

On 16 October Licensing Enforcement Officers visited seven premises across the Borough as part of Op Machinize alongside officers from Greater Manchester Police, HMRC, Immigration, Trading Standards, Environmental Health and a tobacco dog. Operation Machinize, is the ongoing NCA-coordinated operation to tackle money laundering and criminal use of cash-intensive high street businesses. 888 packets of Illicit cigarettes and 108 pouches of hand rolling tobacco were seized as well as 199 illegal disposable vapes and 76 counterfeit toys and  ...  view the full minutes text for item LSP.5

A report from the Executive Director (Corporate Core) is attached.

The Licensing Act 2003 requires the Local Authority as Licensing Authority to prepare and publish a statement of licensing policy at least every five years. The existing policy was agreed by the Council on the 20^th November 2020 with an effective date of the 7^th January 2021.

The Licensing Unit Manager presented the policy to the Committee which could be accepted, amended or rejected but to comply with the statute a revised policy had to be agreed by full Council by the 7^th January 2026.

It was recommended that the attached draft statement of licensing policy be accepted without amendment. Widespread consultation had not revealed any major problems with the existing policy.

For background information the Licensing Act 2003 regulates the sale and supply of alcohol, the provision of regulated entertainments and the provision of late night (hot) refreshment.

The Act required the Local Authority as Licensing Authority, to carry out a review of it’s Statement of Licensing Policy every 5 years and to publish the result.

A copy of the revised Statement of Licensing Policy was attached at Appendix 1 in the agenda packs.

Consultations had been undertaken for a 5-week period between the 17^th September 2025 until the 22^nd October 2025. A full list of consultees was attached at Appendix 2 in the agenda packs.

The consultation had also been published on the Council’s website and feedback was attached at Appendix 3 in the agenda packs.

In conclusion, the current policy had been in existence for five years and to date has not been challenged formally or informally.

Feedback from consultees had been minimal and the policy can be reviewed at any time during the five-year cycle to take account of emerging issues.

The policy would need to be agreed by full Council at the meeting on the 12^th

November 2025 if a special Council Meeting is to be avoided.

The Licensing Unit Manager added there had been an addition at section 28.8 in relation to the Terrorism (Protection of Premises) Act 2025, also known as Martyn’s Law, which received Royal Assent on the 3^rd April 2025.

The Government intends for there to be an implementation period of at least 24 months before the Act comes into force. This will allow the SIA’s new function to be established, whilst ensuring those responsible for premises and events had sufficient time to understand the new obligations to enable plans to be prepared appropriately.  

A Member asked about issues of drink spiking and the Licensing Unit Manager did not have the data to hand but if there were problems then GMP would investigate which could call a review process.

A Member enquired about the requirement that applicants for any premises licence were responsible for placing an advertisement at the premises and in a local newspaper. Did this apply to a paper copy or would an online newspaper suffice. The Licensing Unit Manager stated this was part of the act being reviewed as whilst it  ...  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 (Corporate Core) is attached.

Licence Holder 12/2025

The Executive Director (Corporate Core) submitted a report relating to client number 12/2025, who was in attendance at the meeting alongside a friend who was helping to represent them. 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 client and representative was presented by the Licensing Unit Manager and set out the reasons for him being before the Committee.

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The Licensing Unit Manager reported and presented background information to the Committee on this case which was included in the report contained within the private agenda pack.

Members asked a number of questions to clarify some points of the circumstances in relation to the case.

The driver 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 and oral representations by the Licence Holder and his representative.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the powers granted under Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, the Committee resolved to suspend the licence for a period of 6 months.

The Committee concluded that the Licence Holder was not a fit and proper person and this action was taken on the grounds of public safety and their conduct falling below the standards expected of a licensed driver.

While the suspension/revocation was not being imposed with immediate effect, the driver was advised that the suspension would take effect from 21 days from receipt of the notice which would be issued in writing by the Licensing office.

The driver was informed of their right to appeal this decision to the Magistrates’ Court within 21 days of receiving written notification.