Agenda and minutes

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 made at the meeting.

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 public questions were asked.

Minutes from the 24th June 2020 are attached for approval.

That the Minutes of the Meeting held on 24th June 2020 be approved as a correct record and signed by the Chair

A report from the Executive Director of Operations is attached.

Michael Bridge, Licensing Manager, provided an overview of a report which advises Members on operational issues within the licensing service.

The Licensing Service during the financial year 19/20 have dealt with the following:-

Following a meeting of the Emergency Powers Group on the 14^th July 2030, the licensing service have been given permission to amend Council policy to assist licence holders in respect of the following matters:

·         To postpone the Knowledge test until further notice.

·         To grant a Hackney Carriage/Private hire Drivers Badges for a 12 month period rather than up to 3 years under the legislation.

·         To permit a self-certification declarations in respect of medicals

·         To postpone the receipt of new applications for Hackney Carriage and Private Hire Drivers badges

·         To extend all current Hackney Carriage and Private Hire vehicle licences by 3 months beyond their current expiry date which are due for renewal between the dates 1/6/2020 and 31/3/2021 and to move forward by 3 months all 6 monthly scheduled interim vehicle tests scheduled between 1/7/20 to 30/9/20

·         To permit Minor Variations or Temporary event notices to be submittedunder the Licensing Act 2003 for On Sales of Alcohol and outside areas. The fees in respect of these applications will be waived (Only for those applications that relate to the on-sales and outside areas to assist businesses in light of COVID19).

It was agreed:

1.   That members note the report and work of the licensing service.

A report from the Executive Director of Operations is attached.

Michael Bridge, Licensing Manager provided a report on a review of Hackney Carriage and Private Hire Vehicle tests of the COVID-19 pandemic.

It was agreed that:

·         That all interim tests scheduled between 1st July and 30th September be put back by three months.

·         All Hackney Carriage and Private Hire vehicles licences that have previously had a three month extension be put back by a further three months (Previously expired between 1st April 2020 and 30th June 2020)

·         All Hackney Carriage and Private Hire Vehicles expiring between the 1st July 2020 and the 31st March 2021 be put back by 3 months.

A report from the Executive Director of Operation is attached.

Michael Bridge, Licensing Manager provided members with an update regarding the proposals to introduce common, minimum standards for Private Hire and Hackney Carriages Vehicles, Drivers and Operators licensed by Licensing Authorities across Greater Manchester. 

It was agreed that:

·         The Committee note the contents of the report; and

• Authorise a consultation on the proposed GM Minimum Standards and support the proposal that TfGM administers the consultation process.

A report from the Executive Director of Operations is attached.

Michael Bridge, Licensing Manager presented a report to the committee which was a request from the Hackney Carriage Drivers Association to review the Hackney Carriage Fare Table. The Licensing Manager was supported by Charles Oakes, Hackney Carriage Drivers Association.

The Licensing Service have received a request from Hackney Carriage Drivers Association to increase the Hackney Carriage Fare Table within the Borough of Bury. This was last revised in 2008.

Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 allows a district Council to fix the rates or fares within the local authority for Hackney Carriage Vehicles by the production of a table of fares. The Act requires the council to advertise a notice in a local newspaper for 14 days any proposal to change Hackney Carriage fares and the production of a table of fares to allow any objections to be made.

It was agreed:

·         That the fare increase is overdue as it was last revised in 2008.

·         The panel considered the implications this may have on Taxi users as the increase may deter the public to use the taxis.

·         To approve the review of the Hackney Carriage Fare Table and if no objections are received during the review implement the request.

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.

It was agreed:

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 of Operations is attached.

Applicant 06/2020

The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the application of a Private Hire Vehicle Driver’s Licence.

Applicant 06/2020 attended the meeting alone.

The Chair made introductions and Anita Green, Legal Services explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report.  The report, which was accepted by the Applicant, explained that the client held a private hire driver’s license since 14/05/2010 and has held it continually until its expiry on the 5^th April 2020.

On 18^th June 2020 the client submitted an application for a Private Hire Drivers licence. On the application the following question is asked, “have you ever been convicted of an offence”. The client answered No to this question.

This client also submitted an enhanced DBS (Disclosure and Barring Service) check along with his application. When a licensing advisor checked this clients DBS the following convictions were found:

Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on 5/1/13

Social Security Administration Act 1992 s.111A(1A)

Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on  7/1/13

Social Security Administration Act 1992 s.111A(1A)

Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on  7/1/13

Social Security Administration Act 1992 s.111A(1A)

Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on  13/2/13

Social Security Administration Act 1992 s.111A(1A)

Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on  4/1/14

Social Security Administration Act 1992 s.111A(1A)

Fail to notify change of circumstances affecting entitlement to any benefit payment advantage under the Act on  4/3/14

Social Security Administration Act 1992 s.111A(1A)

When the computer systems were checked, the client had also not informed the Licensing Service of these convictions in writing within seven days as per the Private Hire Drivers Licence conditions.

The applicant stated he was very sorry and he had made a mistake, he confirmed he had not done this deliberately. The applicant stated that his English is not good enough to understand what was required.

Delegated decision:

The Panel carefully considered the report, the oral representations by the Applicant and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 06/2020 be refused.

In considering whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence  the panel found the following:-

·         The benefit fraud convictions are 3 years old in December 2020

·         He breached condition 13 of his licence by failing to declare the conviction within 7 days in 2017

·         He failed to notify a change of circumstance on  ...  view the full minutes text for item LSP.102